Backup Documents 04/22-23/2008 R
BCC
REGULAR
MEETING
BACK-UP
DOCUMENTS
APRIL 22-23, 2008
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
April 22-23, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice-Chairman Commissioner, District 1 (Absent on 4/23/08)
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."
Page 1
April 22-23, 2008
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Mary Jane Wallace, Everglades Community Church
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0; Item #8C to be continued
to May 13, 2008 BCC Meeting - Approved 5/0
B. February 29,2008 - BCC/SFWMD Workshop
Approved as Presented - 5/0
C. March 18, 2008 - BCC/Fire Review Task Force Workshop
Approved as Presented - 5/0
D. March 25/26, 2008 - BCC/Regular Meeting
Approved as Presented - 5/0
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April 22-23, 2008
E. April 1, 2008 - BCC/ Airport Authority Workshop
Approved as Presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
April 23, 2008
A. 20 Year Attendees
1) This item to be heard on Wednesday, April 23, 2008. Lynn Evans,
Fleet Management
Presented
4. PROCLAMATIONS
April 23, 2008
A. This item to be heard on Wednesday, April 23, 2008. Proclamation
designating the week of May 4, 2008 through May 10, 2008 as Drinking
Water Quality Week. To be accepted by Paul Mattausch, Water Department
Director.
Adopted - 4/0 (Commissioner Fiala absent)
. Motion taken due to extraordinary circumstances, Commissioner Fiala
to participate telephonically - Approved 4/0
April 23, 2008
B. This item to be heard on Wednesday, April 23, 2008. Proclamation
designating April 20th through April 26th, 2008 as Administrative
Professionals Week. To be accepted by Saundra Lockwood, Member of the
Naples Chapter of International Association of Administrative Professionals
(IAAP).
Adopted - 3/0 (Commissioner Halas out and Commissioner Fiala
absent)
April 23, 2008
C. This item to be heard on Wednesday, April 23, 2008. Proclamation
recognizing April, 2008 as Harmony Month. To be accepted by Ron
Timmerman. Immediately following the presentation of the proclamation,
the National Anthem will be performed by the Paradise Coastmen.
Page 3
April 22-23, 2008
Adopted - 3/0 (Commissioner Halas out and Commissioner Fiala
absent)
April 23, 2008
D. This item to be heard on Wednesday, April 23, 2008. Proclamation
recognizing James A. McTague for his civic and business leadership in
Collier County. To be accepted by Mr. McTague's daughters: Jo Atkinson,
Suzy Goldman and Jeanne Manuri.
Adopted - 4/0 (Commissioner Fiala absent)
April 23, 2008
E. This item to be heard on Wednesday, April 23, 2008. Proclamation
designating the week of April 27, 2008 through May 3,2008 as National
Volunteer Week in Collier County. To be accepted by Marcy Krumbine,
Director of Housing and Human Services; Sharon Downey, RSVP Project
Coordinator; Anna Galdames, 4H Extension Agent/University of Florida
IF AS Extension; Mary Margaret Gruszka, Volunteer Coordinator/Collier
County Museum; Joann Wannemacher, Volunteer Coordinator/Collier
County Public Libraries; Meryl Rorer, Volunteer Coordinator/Parks and
Recreation; Kathleen Drewe, Volunteer Coordinator/Domestic Animal
Services and volunteers for Collier County.
Adopted - 4/0 (Commissioner Fiala absent)
April 23, 2008
F. This item to be heard on Wednesday, April 23, 2008. Proclamation to
recognize April 2008, as Sexual Assault Awareness Month. To be accepted
by Maria LaRocco, Executive Director of Project Help, Inc.
Adopted - 4/0 (Commissioner Fiala absent)
April 23, 2008
G. This item to be heard on Wednesday, April 23, 2008. Proclamation to
recognize May, 2008 as Mental Health Awareness Month. To be accepted
by Petra Jones, Executive Director of The Mental Health Association of
Southwest Florida.
Adopted - 4/0 (Commissioner Fiala absent)
April 23, 2008
Page 4
April 22-23, 2008
H. This item to be heard on Wednesday, April 23, 2008. Proclamation to
recognize May 11-17,2008 as Tourism Week in Collier County. To be
accepted by Jack Wert, Executive Director Tourism Department.
Adopted - 4/0 (Commissioner Fiala absent)
Moved from Item #16H7
April 23, 2008
I. This item to be heard on Wednesday, April 23, 2008. Proclamation
thanking The Honorable Mario Diaz-Balart for his extraordinary service to
Collier County.
Adopted - 4/0 (Commissioner Fiala absent)
5. PRESENTATIONS
April 23, 2008
A. This item to be heard on Wednesday, April 23, 2008. Presentation of the
Advisory Committee Outstanding Member Award to John F. Barlow, Jr. of
the County Government Productivity Committee.
Presented
April 23, 2008
B. This item to be heard on Wednesday, April 23, 2008. Presentation of the
Waste Reduction Awards Program (WRAP) award to the Ivey House Bed
and Breakfast, The Doubletree Guest Suites, The Inn at Pelican Bay, and
their common management company Guest Services, Inc.
Presented
April 23, 2008
C. This item to be heard on Wednesday, April 23, 2008. Presentation of
awards to the winners of the Recycling Art Contest; Rachael Doty, Palmetto
Ridge High School; Angela Vasquez, Manatee Middle School; and Tiffany
Shadden, Corkscrew Elementary School.
Presented
April 23, 2008
D. This item to be heard on Wednesday, April 23, 2008. An update by Paul
Mattausch, Water Department Director, on the return to South Florida Water
Management District-imposed Phase II Water-use Restrictions effective
Page 5
April 22-23, 2008
April 18, 2008.
Presented
6. PUBLIC PETITIONS
A. This item was continued from the April 8, 2008 BCC Meetine:. Public
petition request by James Walker to discuss impact fees for a commercial
site in Immokalee, FL.
Motion to grant request - Approved 4/1 (Commissioner Halas opposed)
Withdrawn
B. Public petition request by Carl Kuehner to discuss PUD rezone for
Esperanza Place, Immokalee, Florida.
Withdrawn
C. Public petition request by Markus Weatherwax to discuss sign permits for
Athletic Club of Naples.
D. Public petition request by Nancy Colina to discuss construction and
warranty issues with Designers Home Group, Inc.
Motion to place on a future BCC Agenda - Withdrawn
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. ADA-2007-AR-12714,
Saundra Clancy-Koendarfer, represented by Ben Nelson of Nelson Marine
Construction, Inc., is requesting an appeal ofBD-2007-AR-12154, denied by
the Collier County Planning Commission on December 6,2007. Subject
property is located in Section 5, Township 48, Range 25, Collier County,
Florida.
Resolution 2008-119 (Motion to approve application) - Adopted 5/0
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2007-AR-12477,
Gregory W. and Beverly J. Schuelke, represented by Christopher 1.
Thornton, of Cheffy, Passidomo, Wilson, and Johnson, Attorneys at Law,
Page 6
April 22-23, 2008
LLP, are requesting variances for a project to be known as the Schuelke
Variance. The variance petition seeks approval of a side yard setback for
encroachment of a pool deck/wall, pool screen cage, and concrete pair of
stairs. The subject property is located at 496 Flamingo Avenue, in the
Connor's Vanderbilt Beach Estates, Unit 3, Lot I, Block U on 0.27 acres,
Section 29, Township 48 South, Range 25 East, Collier County, Florida.
Resolution 2008-120 Adopted w/stipulation - 5/0
C. This item to be heard at 2:00 p.m. This item requires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. CUR-2008-AR-12955 SR-846 Land Trust Earth
Mine, Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel
& Andress, is requesting a review of the approved Conditional Use
Resolution 2007-274 for earth mining in the A-MHO Agricultural zoning
district. 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 I & 2, Township 48 South, Range 27 East, Less Road Right-of-
Way for County Road 846, Collier County, Florida.
Motion to change condition of use to allow for 2 days per week of
blasting and review in 6 months on the Summary Agenda as an
advertised public hearing - Approved 5/0
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners approve the
Collier County Intersection Safety Ordinance to authorize use of unmanned
cameras at road intersections and to enforce Ordinance violations of vehicles
running red traffic lights.
Ordinance 2008-22 Adopted w/changes - 3/2 (Commissioner Henning
and Commissioner Coletta opposed)
B. This item to be heard at 4:30 p.m. This item was continued from the
April 8, 2008 BCC Meetine:. Recommendation that the Board of County
Commissioners reconsider the Land Development Code Amendment
addressing the calculation of the maximum number of wet-slips when a
shoreline is in a Conservation Easement. (William D. Lorenz, Engineering &
Environmental Services Director, CDES)
Page 7
April 22-23, 2008
Motion to redraft proposed Ordinance to address public access and
other changes and to go through LDC Cycle - Approved 4/1
(Commissioner Halas opposed)
Moved from Item #171; Continue to the May 13, 2008 BCC Meeting - Approved 5/0
C. 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.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of a member to the Collier County Water and Wastewater
Authority.
Resolution 2008-116: Re-appointing Jerry P. Morgan (who has had
perfect attendance since becoming a member in 2002) - Adopted 5/0
B. Appointment of members to the Bayshore/Gateway Triangle Local
Redevelopment Advisory Board.
Resolution 2008-117: Re-appointing Karen L. Beatty and Charles H.
Gunther (w/waiver of term limits for each) - Adopted 5/0
C. To adopt a resolution authorizing preliminary alternatives of the "Addition
Lands" general management, wilderness designation and off-road vehicle
plans being developed by the National Park Service (NPS) for the
management of the "Addition Lands" annexed to the Big Cypress National
Preserve. (Commissioner Coletta)
Resolution 2008-118 Adopted 5/0
April 23, 2008
D. Recommendation that the Board of County Commissioners approves the
County Attorney Employment Agreement with Jeffrey A. Klatzkow and
authorizes the Chairman to execute same. (Commissioner Henning)
Approved w/change to term of contract from 4 years to 3 years - 4/0
(Commissioner Fiala absent)
Added
April 23, 2008
Page 8
April 22-23, 2008
E. Recommendation for the Board of County Commissioners to approve filling
a vacant position in the Board's Office as an exception to the current County
policy to not fill open or vacated General Fund positions.
Approved - 3/0 (Commissioner Halas out and Commissioner Fiala
absent)
10. COUNTY MANAGER'S REPORT
April 23, 2008
A. Recommendation that the Board approve a Resolution adopting the Collier
County HUD One Year Action Plan for FY 2008 - 2009 for Community
Development Block Grant (CDBG), Home Investment Partnerships
(HOME), American Dream Down-payment Initiative (ADDI) and
Emergency Shelter Grant (ESG) Programs and authorize transmittal to the
United States Department of Housing and Urban Development (HUD).
(Marcy Krumbine, Director, Housing and Human Services)
Resolution 2008-121 Adopted - 4/0 (Commissioner Fiala absent)
B. This item to be heard at 10:30 a.m. Recommendation from the Pelican
Bay Services Division that the Board of County Commissioners authorize
the Pelican Bay Services Division to prepare, sign and submit the Clam Bay
Management Plan to the Federal and State Agencies. (John Petty, Pelican
Bay Services Division)
Motion for a new five year permit to maintain the Hydrology and
Estuary of Clam Bay and for Pelican Bay Services Division to prepare,
sign, and submit the permit to Federal and State Agencies - Approved
4/1 (Commissioner Coyle opposed)
April 23, 2008
C. Recommendation to accept the Federal Transit Administration (FT A) FY08
5307 grant in the amount of $1 ,978,706.00. (Diane Flagg, Director,
Alternate Transportation Modes)
Approved - 4/0 (Commissioner Fiala absent)
April 23, 2008
D. That the Board of County Commissioners provide direction regarding a
request by the Economic Development Council of Collier County to amend
the Fee Payment Assistance Program to help defray the cost of impact fees
for an existing Collier County company which is considering relocating and
Page 9
April 22-23, 2008
expanding their manufacturing facility from Western Collier County to
Eastern Collier County. (Tammie Nemecek, EDC Executive Director; Amy
Patterson, Impact Fee/EDC Manager, CDES)
Approved (Funds set aside for Arthrex's expansion) - 3/1
(Commissioner Halas opposed and Commissioner Fiala absent)
E. This item to be heard at 10:00 a.m. Recommendation that the Board of
County Commissioners approve changes to a current interlocal agreement
with the City of Naples for funds earmarked for the Pulling Boat Ramp; give
direction considering a funding policy for capital improvements and
operations/maintenance at municipalities for Parks and Recreation programs.
(Barry Williams, Director, Parks and Recreation)
Motion to budget 1 million dollars for the City of Naples' Parks and
Recreation for ten years, and staff to bring back an interlocal
agreement to include beach parking and permitting and to include an
indexing method - Approved 4/1 (Commissioner Henning opposed)
April 23, 2008
F. Recommendation to approve an Administrative Plan for the distribution of
funds for the Collier County Single Family Rehabilitation Program funded
by the Florida Department of Community Affairs Disaster Recovery
Initiative grant program. (Marcy Krumbine, Director, Housing and Human
Services)
Approved - 4/0 (Commissioner Fiala absent)
Added
April 23, 2008
G. Recommendation to approve presenting to the U.S. Congress for
consideration in the 2008 Water Resources Development Act (WRDA) two
proposed Collier County water quality projects, including Clam Bay Estuary
improvements, and a Naples Bay conservation initiative entailing a system
of 10 Aquifer Storage and Recovery (ASR) wells along Golden Gate Canal,
and a City of Marco Island project request for Hideaway Beach erosion
control and beach renourishment
Approved w/removal of the Clam Bay Estuary improvements from the
proposal- 4/0 (Commissioner Fiala absent)
Added
April 23, 2008
Page 10
April 22-23, 2008
H. Letter to Florida Transportation Secretary regarding April 24, 2008 Alligator
Alley Industry Forum
Motion to move letter forward - Approved 4/0 (Commissioner Fiala
absent)
Moved from Item #16C2
April 23, 2008
I. Recommendation to approve as ex-officio the governing Board of the
Collier County Water-Sewer District, to enter into a Memorandum of
Understanding/Charter, establishing the Lower West Coast Utility Council.
Resolution 2008-122 Adopted w/changes - 4/0 (Commissioner Fiala
absent)
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. John McCormick spoke regarding Items #16A19 and #16A20
B. Ken Thompson - Trouble with rental property in his neighborhood
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 11:15 a.m. Recommendation that the Board of
County Commissioners sitting as the Board of Zoning Appeals reject the
recommendations of the Special Magistrate pursuant to the alternate dispute
resolution process resulting from the denial of the conditional use for the
expansion of a church. (Petition CU-2004-AR-6384 - Golden Gate
Congregation of Jehovah's Witnesses, Inc.)
Motion to accept modified site plan and both Special Magistrate and
CCPC recommendations - Approved 4/1 (Commissioner Coletta
opposed)
B. Notice is hereby e:iven that pursuant to Section 286.011(8), Fla. Stat., the
County Attorney desires advice from the Board of County
Commissioners in Closed Attornev-Client Session on TUESDAY, APRIL
22,2008, at a time certain of 12:00 noon in the Commission Conference
Room, 3rd Floor, W. Harmon Turner Buildine:, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida. In
addition to Board members, County Manager James Mudd, County Attorney
David C. Weigel, Chief Assistant County Attorney Jeffrey A. Klatzkowand
Assistant County Attorney Jacqueline Williams Hubbard will be in
attendance. The Board in executive session will discuss: Settlement
Page 11
April 22-23, 2008
negotiations and strategy related to litigation expenditures in the pending
litigation cases of Bonita Media Enterprises, LLC. v. Collier County Code
Enforcement Board, Collier County Board of County Commissioners, Case
No.: 2:07-cv-411-FtM-29DNF, now pending in the United States District
Court, Middle District of Florida, Fort Myers Division and Bonita Media
Enterprises, LLC., Brennan, Manna & Diamond (Reg. Agent) v. Board of
County Commissioners, Collier County, Florida, Appeal Case No.: 07-2035-
CA, Lower Tribunal CEB No.: 2007-35, now pending in the Twentieth
Judicial Circuit in and for Collier County, Florida, in the Administrative
Appeal Division of the Circuit Court.
Closed Session
C. For the Board of County Commissioners to provide direction to the County
Attorney's Office as to settlement negotiations and strategy related to
litigation expenditures in the pending litigation cases of Bonita Media
Enterprises, LLC. v. Collier County Code Enforcement Board, Collier
County Board of County Commissioners, Case No.: 2:07-cv-411-FtM-
29DNF, now pending in the United States District Court, Middle District of
Florida, Fort Myers Division and Bonita Media Enterprises, LLC., Brennan,
Manna & Diamond (Reg. Agent) v. Board of County Commissioners,
Collier County, Florida, Appeal Case No.: 07-2035-CA, Lower Tribunal
CEB No.: 2007-35, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida, in the Administrative Appeal Division of the Circuit
Court.
Motion to direct staff to amend sign code to make it constitutional -
Approved 5/0;
Motion to have Code Enforcement comply w/court order and not
enforce provision of sign code - Approved 5/0;
Motion for County Attorney's Office to move forward to reach
settlement, including mediation in state and federal court; unless a
settlement is reached and it would be brought back to the Board -
Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
Page 12
April 22-23, 2008
A. Commisioner Fiala - updating the "No-camping Ordinance", CAO to
bring back item for advertising - consenus (April 22, 2008)
B. County Manager - Clarifying intent to reduce red light running and
revenue from it
C. County Attorney - Creating a 3/4 full time position for David Weigel for
a 6 month period during transition - Approved 3/1 (Commissioner
Halas opposed and Commissioner Fiala absent)
D. Commissioner Coletta - Enjoyed this meeting
E. Motion to Adjourn - Approved 4/0 (Commissioner Fiala absent)
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted w/Changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) To accept final and unconditional conveyance of the water utility
facili ty for Del Mar Retail Center.
W /release of any Utilities Performance Security (UPS)
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Fiddler's Creek - Phase 3, Unit 2 - Sandpiper
Drive.
W/release of any Utilities Performance Security (UPS)
3) Recommendation to approve final acceptance of the water and sewer
utility facility for Fiddler's Creek - Phase 3, Unit 2 - Stage 3.
W /release of any Utilities Performance Security (UPS)
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Fiddler's Creek, Phase 2A, Unit 3.
W /release of any Utilities Performance Security (UPS)
5) This item was continued indefinitely from February 26, 2008 BCC
meetine:. Recommendation to grant final approval of the roadway
Page 13
April 22-23, 2008
(private) and drainage improvements for the final plat of Augusta at
Pelican Marsh (Pelican Marsh PUD) with the roadway and drainage
improvements being privately maintained.
Resolution 2008-101 w /release of the maintenance security
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Saturnia Lakes Plat One
(Rigas PUD) with the roadway and drainage improvements being
privately maintained.
Resolution 2008-102 w /release of the maintenance security
7) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Satumia Lakes Plat Two
(Rigas PUD) with the roadway and drainage improvements being
privately maintained.
Resolution 2008-103 w/release of the maintenance security
8) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Sussex Place, (Lely Resort
PUD), the roadway and drainage improvements will be privately
maintained.
Resolution 2008-104 w /release of the maintenance security
9) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Tuscany Cove with the
roadway and drainage improvements being privately maintained.
Resolution 2008-105 w/release of the maintenance security
10) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Saturnia Lakes Plat Three
(Rigas PUD) with the roadway and drainage improvements being
privately maintained.
Resolution 2008-106 w/release of the maintenance security
11) This item requires that ex parte disclosure be provided by
Commission members. Should a hearine: be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Artesia Naples Unit One.
Page 14
April 22-23, 2008
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the construction plan final approval letter
12) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item, all
participants are required to be sworn in. This is a recommendation
to approve for recording the final plat of Cameron Commons Unit
One, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /stipulations
13) This item requires that ex parte disclosure be provided by
Commission members. Should a hearine: be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Tract 5, Golden Gate Estates
Unit 44 Replat, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the construction plan final approval letter
14) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Tract 6, Golden Gate Estates
Unit 44 Replat, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the construction plan final approval letter
15) Recommendation that the Board of County Commissioners adopts a
Resolution to formally dissolve the Collier County Fire Review Task
Force as established by Resolution No. 2007-105.
Resolution 2008-107
16) To obtain approval for the annual expenditure of funds, ifnecessary,
beyond the $50,000 dollar limit contained in the Purchasing Policy for
the required legal advertising placed in the Naples Daily News.
Page 15
April 22-23, 2008
To satisfy required legal advertising requests associated with
GMP Amendments, the AUIR, the Horizon Study Master
Committee, the RSLA 5-year Review Committee and other items
managed by the Comprehensive Planning Department
17) Recommendation that the Board of County Commissioners approve a
Job Creation Investment Program Agreement with the March Group,
LLC, d/b/a March Performance, Incorporated, consistent with the
provisions of the Job Creation Investment Program and the company's
approved incentive application.
For a $40,000 refund; meeting criteria of $1,000 per new job
created, payable over a period of 3 years
18) Recommendation that the Board of County Commissioners approve a
Job Creation Investment Program Agreement with Advocate Aircraft
Taxation Company consistent with the provisions of the Job Creation
Investment Program and the company's approved incentive
application.
Meeting the minimum criteria for a $20,000 refund of $1,000 per
new job created, payable over a period of 3 years; an extension
was granted by the Board for 40 additional jobs
Motion to continue to the May 13, 2008 BCC Meeting - Approved 5/0
19) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Reflection Lakes at Naples
Phase 1A (Walnut Lakes PUD) with the roadway and drainage
improvements being privately maintained.
Motion to continue to the May 13,2008 BCC Meeting - Approved 5/0
20) Recommendation to grant final approval of the landscape and
irrigation improvements for the final plat of Reflection Lakes at
Naples Phase IC (Walnut Lakes PUD) with the landscape and
irrigation improvements being privately maintained.
21) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
Recording costs of $90.00 to record the Satisfactions as detailed
in the Executive Summary
Page 16
April 22-23, 2008
22) Recommendation to approve South Florida Water Management
District Local Government Agreement No. 4600001351 for partial
funding of the County's LiDAR acquisition through the Florida
Department of Emergency Management contract.
Light Detection and Ranging: a state of the art method for
obtaining aerial digital topographic mapping
23) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Classics Plantation Estates,
Phase Three Replat of Lots 18 through 45.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the construction plan final approval letter
B. TRANSPORTATION SERVICES
1) Recommendation to approve a Hazard Mitigation Grant Program
(HMGP) agreement between the State of Florida Division of
Emergency Management and the County for a Wind Protection
project and approve the associated budget amendment. ($29,997.00)
For the installation of shutters at the Road Maintenance Facility
located at 4800 Davis Blvd which serves as an essential part of the
disaster recovery program for Collier County
2) Recommendation that the Board of County Commissioners approve
one (1) Adopt-A-Road Program Agreement with two (2) roadway
recognition signs at a total cost of $150.00.
For a portion of Immokalee Road (1 mile north and 1 mile south
of Lilac Lane) at a cost of $150 for two new signs
3) Recommendation that the Board of County Commissioners approve
budget amendments to recognize revenue from a developer
contribution for Split Cycle Offset Optimization Technique (SCOOT)
system expansion, Proj ect 601724 Fund (313), and permanent count
stations, Project 601727 Fund (313), in the amount of $90,000.
From Landon Companies, as the developer of the Pine Air Lakes
PUD in North Naples for a contribution to SCOOT and
installation of four traffic count stations along Naples Boulevard
Page 17
April 22-23, 2008
4) Recommendation to authorize the Chairman of the Board to execute
the attached Shirley Conroy Rural Area Capital Equipment Support
Grant and the applicable documents. ($66,000)
Resolution 2008-108 (for a replacement paratransit bus)
5) Recommendation that the Board of County Commissioners approve a
Resolution superseding Resolution No. 2007-230 and Florida
Department of Transportation (FDOT) Local Agency Program (LAP)
Agreement FPN: 422165-1-58-01, which Agreement was unexecuted
by FDOT following BCC approval on September 11, 2007, as Agenda
Item 16B II, and approve a new agreement superseding and replacing
the aforementioned unexecuted agreement that increases FDOT's
share of funding, for the construction of a sidewalk on Roberts
Avenue and North 9th Street from $704,375 in the original agreement
to $732,268 in the proposed agreement.
Resolution 2008-109
6) Recommendation that the Board of County Commissioners approve a
Resolution superseding Resolution No. 2007-231 and Florida
Department of Transportation (FDOT) Local Agency Program (LAP)
Agreement FPN: 422164-1-58-01, which Agreement was unexecuted
by FDOT following BCC approval on September 11, 2007, as Agenda
Item 16B 12, and to approve a new agreement superseding and
replacing the aforementioned unexecuted agreement that increases
FDOT's funding for the construction of a sidewalk on 1 st Street North
from $170,625 in the original agreement to $177,381 in the proposed
agreement.
Resolution 2008-110
7) Recommendation to approve the purchase of improved property
(Parcel No. 142) which is required for the construction of the
Vanderbilt Beach Road Extension Project. Project No. 60168 (Fiscal
Impact: $607,475.00 )
Located at 772 23rd Street NW, Naples, FL
8) Recommendation to approve an Easement Agreement for 0.12 acres
of unimproved property for a non-exclusive easement for Pathways
and Public Utilities along Immokalee Road. ($55,000)
Page 18
April 22-23, 2008
Within Heritage Bay, north of Immokalee Road
9) Recommendation to recognize fare-box revenues collected from
October I, 2007 through April 10, 2008 for Collier Area Transit and
to approve budget amendments.
In the amount of $514,051.80: $467,608 into Fund 426 and
$46,443.80 into Fund 427
10) Recommendation to approve a First Amendment to the October 22,
2002 Sabal Bay Development Contribution Agreement for Road
Impact Fee Credits extending the duration for five (5) years and
approval of the Second Amendment to the October 14, 2003
Companion Agreement providing for a change in land conveyance
means for portions of the Lely Area Stormwater Improvement Project.
(Project No. 511011)
As detailed in the Executive Summary
C. PUBLIC UTILITIES
1) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1992,
1993,1994,1995, and 1996 Solid Waste Collection and Disposal
Services Special Assessment. Fiscal impact is $88.50 to record the
Satisfactions of Lien.
Resolution 2008-111 (for account numbers: 2545, 2891, 2901,
25551, 27054, 29654 and 137708)
Moved to Item #101
2) Recommendation to approve as ex-officio the governing Board of the
Collier County Water-Sewer District, to enter into a Memorandum of
Understanding/Charter, establishing the Lower West Coast Utility
Council.
3) Recommendation to approve the addition of $100,000 to increase the
annual limit to $600,000 for the existing fixed term contract 05-3792
"Fixed Term Utility Specialized Legal Services" for de la Parte &
Gilbert, P.A. Attorneys at Law, representing the interests of Collier
County, a Political Subdivision of the State of Florida, in utility
Page 19
April 22-23, 2008
specific litigation and regulatory matters, and approve all the
necessary budget amendments in the amount of $400,000.
For litigation resulting from a complaint filed by the Orange Tree
Utility Company; Administration Hearing filed by the Pelican
Bay Foundation, Inc. - filed w/SFWMD; and other utility specific
assignments that may occur
D. PUBLIC SERVICES
1) Recommend approval of a Resolution of the Board of County
Commissioners of Collier County, Florida, to formally oppose
allowing access to a Federal Sand Source off the coast of Sanibel
Island to any counties other than those counties adjacent to Sanibel
Island, specifically Collier and Lee Counties.
Resolution 2008-112
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Andres
Mateo and Maria Mateo (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 107, Liberty Landing, Immokalee.
Deferring $12,442.46
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ritha
Mercure (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 41,
Liberty Landing, Immokalee.
Deferring $12,442.46
4) This item was continued from the April 8, 2008 BCC Meetine:.
Recommendation to approve and execute a Lease Agreement with
Goodwill Industries of Southwest Florida, Inc. for space to
accommodate the Housing and Human Services Senior Nutrition
Program at the Roberts Center, located at 905 Roberts Avenue in
Immokalee for an annual cost of$12,000. The cost of this rental will
be paid from Older Americans Act grant funding.
For the time period January 1, 2008 through December 31, 2008
Page 20
April 22-23, 2008
5) Recommendation to approve the Summer Food Service Program
Grant in the amount of $588,400 for FY2008.
For providing free nutritious meals during the summer to Collier
County children living in disadvantaged neighborhoods
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Carmeta
Prime (Owner) for deferral of 100% of Collier County impact fees for
an owner-occupied affordable housing unit located at Lot 110, Liberty
Landing, Immokalee.
Deferring $12,442.46
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Kristy
Brodbeck (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Vista III at
Heritage Bay, Unit 1403, North Naples.
Deferring $19,411.94
8) Recommendation to authorize the Chairman to sign the amendment
between Collier County Board of County Commissioners and the
Area Agency on Aging of Southwest Florida, Inc. and approve budget
amendments to reflect the actual award amount for the Older
Americans Act for 2008.
Total grant in the amount of $749,116 for the period January 1,
2008 through December 31, 2008 - As detailed in the Executive
Summary
9) Recommendation to approve a budget amendment in the amount of
$200,000 from the Park and Recreation Impact Fee Reserves to pay
for an impact fee study update and the refund of impact fees to
various developers.
To update the impact fee study with Tindale-Oliver and
Associates for $80,000 and refund $120,000 to various developers
for cancelled permits
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
Page 21
April 22-23, 2008
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 Monica
Newhouse (Owner) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Vista III
at Heritage Bay, Unit 1408, North Naples.
Deferring $17,104.22
E. ADMINISTRATIVE SERVICES
1) Recommendation to ratify an addition to, a modification of and a
deletion from the 2008 Fiscal Year Pay and Classification Plan made
from January 1, 2008 through March 31, 2008.
For a savings of $24,300
2) Recommendation to approve a Statutory Deed for the conveyance of
GAC Land Trust Reserved Land required for a pond site for the Oil
Well Road Expansion Project that will provide revenue in the amount
of $200,000 for the GAC Land Trust Fund.
For a five-acre parcel located in Golden Gate Estates (Tract 94,
Unit 64)
3) Report to the Board of County Commissioners concerning the sale
and donation of items associated with the County surplus auction held
on March 29,2008, resulting in gross revenues of$487,526.50.
As detailed in the Executive Summary
F. COUNTY MANAGER
1) Recommendation to approve the after-the-fact submittal of the
attached Assistance to Firefighters Grant application to the Federal
Emergency Management Agency for the purchase of 30 evacuation
(stair) chairs for Emergency Medical Services in the amount of
$62,850.
Page 22
April 22-23, 2008
For use by EMS field personnel for the safe and expedient
removal of patients/victims
2) Review of quarterly report on activities in the Collier County Tourism
industry.
As detailed in the Executive Summary
3) Obtain approval for an $11,000,000 prepayment on the Caribbean
Gardens Commercial Paper Loan Number A-32-2.
Saving an approximate $19,600 per month in interest
G. AIRPORT AUTHORITY ANDIOR COMMUNITY
REDEVELOPMENT AGENCY
1) Approve a budget amendment for $628,800 to increase budgeted
revenues and budgeted expenses for the sale and purchase of aviation
fuel at Marco Island Executive Airport.
Due to the increased cost of fuel
2) Recommendation to approve and authorize the Boards Chairman to
execute an amendment for a time extension to the Rural Infrastructure
Grant Agreement #OT-05-136 from the Florida Office of Tourism,
Trade, and Economic Development for the Immokalee Regional
Airport/Florida Tradeport Storm Water Management/Retention Pond
Proj ect.
Extending the term of the grant from December 31, 2007 to
July 31,2008
H. BOARD OF COUNTY COMMISSIONERS
Withdrawn - Motion to remain on Consent Agenda - Approved 5/0
1) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Commissioner attended the Coalition
of Immokalee Workers "Human Rights Heroes in our Backyard" on
April II, 2008; $50 to be paid from Commissioner Coletta's travel
budget.
Held at the St. William Parish, 750 Seagate Drive, Naples, FL
Page 23
April 22-23, 2008
2) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. He will attend the Collier County
Medical Society Annual Dinner Meeting, May 3, 2008; $100 to be
paid from Commissioner Coletta's travel budget.
To be held at the Grey Oaks Country Club, 2400 Grey Oaks
Drive, Naples, FL
3) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. He attended the PLAN Steering
Committee breakfast, April 3, 2008; $5 to be paid from Commissioner
Coletta's travel budget.
Held at Physicians Regional, Pine Ridge Facility
4) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. She will be
attending the Youth Haven 4th Annual Frances Pew Hayes Child
Advocate of The Year Award Luncheon on Thursday, May 8, 2008 at
the Naples Sailing and Yacht Club; $75.00 to be paid from
Commissioner Fiala's travel budget.
Located at 896 River Point Drive, Naples, FL
5) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Commissioner will attend the
Leadership Collier Class of '08 Graduation on May 9, 2008; $50 to be
paid from Commissioner Coletta's travel budget.
To be held at the Hilton Naples, 5111 Tamiami Trail N.,
Naples, FL
6) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Will participate as guest speaker at
Golden Gate Kiwanis Club Breakfast on April 30, 2008; $7 to be paid
from Commissioner Coletta's travel budget.
To be held at the Golden Gate Community Center, 4701 Golden
Gate Parkway, Naples, FL
Moved to Item #41
7) Proclamation thanking The Honorable Mario Diaz-Balart for his
extraordinary service to Collier County.
Page 24
April 22-23, 2008
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners approve a
document for Twelfth Year State Criminal Alien Assistance Program
(SCAAP) Grant Funds.
For defray costs associated with the incarceration of illegal aliens
2) To obtain Board approval for the disbursements for the period of
March 29,2008 through April 4, 2008 and for submission into the
official records of the Board.
3) To obtain Board approval for disbursements for the period of April
05,2008 through April 11 ,2008 and for submission into the official
records of the Board.
4) Recommendation to approve a request by Sheriff Don Hunter to
officially recognize the name, the "William J. McNulty
Communications Center" for the Sheriffs Office Communications
Center located within the new Collier County Emergency Services
Complex.
A suitable plaque will be arranged for and placed by the Sheriff's
Office
K. COUNTY ATTORNEY
1) Recommendation to approve the proposed Agreement for Delivery
and Reuse of Irrigation Quality (IQ) Water between the Collier
County Water-Sewer District and the Pelican Marsh Community
Development District.
As detailed in the Executive Summary
2) Recommendation that the Board of County Commissioners Approve
the Proposed Joint Motion for an Agreed Order Awarding Costs
Relating to Parcel 143 in the Collier County v. Charles R. Wilson, et
Page 25
April 22-23, 2008
aI., Case No. 02-5164-CA, Immokalee Road Project #60018. (Fiscal
Impact: $4,000.00).
3) Recommendation to approve a Stipulated Final Judgment for Parcel
Nos. 135/40, 135/40.1, 136/41, 136/41.1 in the lawsuit styled CC v.
Timothy Maloney, et ai, Case No. 92-1508-CA. (Golden Gate
Wellfield Expansion Project) (Fiscal Impact $3,600)
4) Recommendation to Approve a Stipulated Final Judgment for Parcels
862, 962 and 963 in the Lawsuit Styled Board of County
Commissioners of Collier County v. Grand Cypress Communities, et
aI., Case No. 05-1053-CA. (South County Regional Water Treatment
Plant Reverse Osmosis Wellfield Expansion Project #70892)(Fiscal
Impact: $43,070.00).
5) Recommendation to approve a Stipulated Final Judgment for Parcel
170RDUE in the lawsuit styled CC v. Jorge A. Romero, et ai, Case
No. 07-2681-CA (Oil Well Road Project No. 60044). (Fiscal Impact
$15,830)
6) Recommendation to Approve a Stipulated Final Judgment in the
Amount of $43,850.00 for the Acquisition of Parcel I 57RDUE in the
Lawsuit Styled Collier County, Florida v. Christopher Link, et aI.,
Case No. 07-4218-CA (Oil Well Road Project #60044). (Fiscal
Impact: $9,100.00)
7) Recommendation to approve a Stipulated Final Judgment for Parcel
No. 159A in the lawsuit styled CC v. H.A. Street, et ai, Case No. 03-
2873-CA (Immokalee Road Project #60018). (Fiscal Impact $6,900)
8) Recommendation to Approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement in the amount
of$130,000.00 for the acquisition of Parcels 121FEE and 121TDRE
in the Lawsuit styled Collier County, Florida v. Christopher Link, et
aI., Case No. 07-4218-CA (Oil Well Road Project #60044). (Fiscal
Impact: $82,317.50)
Page 26
April 22-23, 2008
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDA TION 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 continued from the March 25, 2008 BCC Meetine:.
Recommendation that the Board of County Commissioners consider
approving a Settlement Agreement and Release with Lodge Abbott
Associates, LLC (owner of the Cocohatchee Bay Planned Unit
Development) to settle alleged claims, including an alleged Bert Harris Act
claim purportedly arising from denial of an amendment to the Cocohatchee
Bay PUD to modify the Bald Eagle Management Plan, and Lodge Abbott
Associates, LLC v. Collier County, Case No. 05-967-CA, now pending in
the Twentieth Judicial Circuit in and for Collier County, Florida, as well as
amended Cocohatchee Bay PUD Document with attached Bald Eagle
Management Plan.
As Detailed in the Executive Summary
B. This item requires that ex parte disclosure be provided by Commission
Members. Should a hearine: be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition
A VESMT-2007-AR-12562, to disclaim, renounce and vacate the County's
and the Public's interest in an access easement over, along and across the
north 30 feet and the west 15 feet of the property described in Official
Record Book 4014, Page 0235 of the Public Records of Collier County,
Florida being located within Section 26, Township 48 South, Range 26 East,
Collier County, Florida being more specifically shown in Exhibit A.
Resolution 2008-113
Page 27
April 22-23, 2008
C. Recommendation to adopt an Ordinance repealing Collier County Ordinance
No. 89-69, as amended, which created the Lethal Yellowing Disease
suppressIOn program.
Ordinance 2008-18
D. This item was continued from the March 11, 2008 BCC Meetine:. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. CU-2007-AR-11394, The
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter
Day Saints, represented by Bruce Anderson of Roetzel and Andress, is
proposing a Conditional Use of the Commercial Professional and General
Office (C-1) 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.
Resolution 2008-114
E. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2006-AR-9337
Barron Collier Partnership, LLLP, represented by George L. Varnadoe,
Esquire, of Cheffy, 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 (BCI/BCP-SSA-9), pursuant to
Section 2.04.03 of the LDC, for a project to be known as South Grove Lake.
The subject property, consisting of 169.57 acres, is located in Sections 17
and 18, Township 48 South, Range 29 East, Collier County, Florida.
Resolution 2008-115
F. Request that the Collier County Board of County Commissioners, Naples,
Florida, approve Sheriff Hunters recommended Offender Registration Fee
Ordinance to establish a policy for the collection of administrative
registration fees for the initial registration and re-registration of individuals
required by Florida Statute to register with the Sheriff as a career offender,
convicted felon, sex offender or sexual predator.
Ordinance 2008-19
Page 28
April 22-23, 2008
G. Recommendation to adopt an ordinance amending Collier County Ordinance
No. 97-82, as amended, which created the Bayshore Avalon Beautification
Municipal Service Taxing Unit; Amending section two (2) to delete the
word Avalon from the name of the MSTU; Amending section six (6) to
increase the membership of the Advisory Committee from five (5) members
to seven (7) members and to delete the word Avalon therein; Amending
section eight (8) to reflect an increase to the number of advisory committee
members necessary to constitute a quorum; Providing for conflict and
severability; Providing for inclusion in the Code of Laws and Ordinances;
and Providing for an effective date.
Ordinance 2008-20
H. Recommendation that the Board of County Commissioners (BCC) approve
and adopt CPSS-06-0 1 Small Scale Growth Management Plan Amendment
(GMP A) petition to the county wide Future Land Use Map for the purpose
of expanding Activity Center #18 by an additional 7.3 acres.
Ordinance 2008-21
Moved to Item #8C
I. 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.
April 23, 2008
18. ADJOURN
Motion to Adjourn - Approved 4/0 (Commissioner Fiala absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 29
April 22-23, 2008
AGENDA CHANGES
BOARD OF COUNTY COMMI~pIONERS' MEETING
April 22. 2008
Withdraw Item 6B: Public petition request by Carl Kuehner to discuss PUD rezone for Esperanza Place,
Immokalee, Florida. (Petitioner's request.)
Withdraw Item 6C: Public petition request by Markus Weatherwax to discuss sign permits for Athletic Club
of Naples. (Petitioner's request.)
Item 7 A: Under "Considerations" of the executive summary, the last part of the first sentence should read,
". . . . . that the provisions of the previously adopted lDC shall apply in the event (rather than "even") of
such a conflict." Also, page 65 of 69, the August 31, 2008 date on Brad Schiffer's letter is incorrect. The
letter would have been written sometime between March 26 and April 8, 2008. (Commissioner Fiala's
request.)
Item 7B: The Resolution for this item was omitted from the printed agenda packet. Copies have been
distributed and made available for review. (Staff's request.)
Item 8A: Section Five (b) of the Ordinance should read as follows: "plus an additional one hundred and
fifty dollars ($150.00)Jifty dollar fifty dollar ($50.00) appeal fee. . ." "The $150.00 $50.00 fee may be
amended by Resolution of the Board of County Commissioners." Section Seven (e) of the Ordinance
should read as follows: "plus an additional one hundred and fifty dollars ($150.00) fifty dollar ($50.00)
appeal fee. .." (Staff's request.)
Item 9C: The first sentence under Considerations, should read, "The citizens of Collier County and the
general public desire to use the Addition lands as such lands...." (Commissioner Fiala's request.)
Add On Item 9E: Recommendation for the Board of County Commissioners to approve filling a vacant
position in the Board's Office as an exception to the current County policy to not fill open or vacated
General Fund positions. (Sue Filson's request.)
Add On Item 10G: Recommendation to approve presenting to the U.S. Congress for consideration in the
2008 Water Resources Development Act (WRDA) two proposed Collier County water quality projects,
including Clam Bay Estuary improvements, and a Naples Bay conservation initiative entailing a system of
10 Aquifer Storage and Recovery (ASR) wells along Golden Gate Canal, and a City of Marco Island project
request for Hideaway Beach erosion control and beach renourishment. (Staff's request.)
Add On Item 10H: letter to Florida Transportation Secretary regarding April 24, 2008 Alligator Alley
Industry Forum. (Staff's request.)
Move Item 16C2 to 101: Recommendation to approve as ex-officio the governing Board of the Collier
County Water-Sewer District, to enter into a Memorandum of Understanding/Charter, establishing the
lower West Coast Utility Council. (Commissioner Coyle's request.)
Withdraw Item 16H1: Commissioner Coletta requests Board approval for reimbursement serving a valid
public purpose. Will attend the Coalition of Immokalee Workers "Human Rights Heroes in our Backyard"
on April 11 , 2008. $50 to be paid from Commissioner Coletta's travel budget. (Commissioner Coletta's
request.)
Move Item 16H7 to 41 and will be read on Wednesday. April 23. 2008: Proclamation thanking The Honorable
Mario Diaz-Balart for his extraordinary service to Collier County. (Commissioner Coletta's request.)
Item 170: Exhibit D, Development Conditions CU-2007-AR-11394 that appears in the agenda packet is
incorrect. A correct Exhibit 0 has been distributed and made available for review. (Staff's request.)
Item 17E: The Resolution for this item was omitted from the printed agenda packet. Copies have been
distributed and made available for review. (Staff's request.)
Move Item 171 to 8C: 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. (Commissioner Coletta's request.)
Time Certain Items:
Item 3 Service Awards; Item 4 Proclamations; and Item 5 Presentations will be heard on Wednesday. April
23.2008 beainnina at 9:00 a.m.
Item 7C to be heard at 2:00 p.m. This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. CUR-2008-AR-12955 SR-846 Land Trust Earth Mine, Mining Venture,
LLC., represented by R. Bruce Anderson of Roetzel & Andress, is requesting a review of the approved
Conditional Use Resolution 2007-274 for earth mining in the A-MHO Agricultural zoning district. 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.
Item 8B to be heard at 4:30 p.m. This item was continued from the April 8, 2008 BCC meeting.
Recommendation that the Board of County Commissioners reconsider the Land Development Code
Amendment addressing the calculation of the maximum number of wetslips when a shoreline is in a
Conservation Easement.
Item 10B to be heard at 10:30 a.m.: Recommendation from the Pelican Bay Services Division that the Board
of County Commissioners authorize the Pelican Bay Services Division to prepare, sign and submit the
Clam Bay Management Plan to the Federal and State Agencies.
Item 10E to be heard at 10:00 a.m.: Recommendation that the Board of County Commissioners approve
changes to a current interlocal agreement with the City of Naples for funds earmarked for Pulling Boat
Ramp; give direction considering a funding policy for capital improvements and operations/maintenance at
municipalities for Parks and Recreation programs.
Item 12A to be heard at 11 :15 a.m.: Recommendation that the Board of County Commissioners sitting as
the Board of Zoning Appeals reject the recommendations of the Special Magistrate pursuant to the
alternate dispute resolution process resulting from the denial of the conditional use for the expansion of a
church. (Petition CU-2004-AR-6384 - Golden Gate Congregation of Jehovah's Witnesses, Inc.)
Item 12B to be heard at 12:00 Noon: Notice is hereby given that pursuant to Section 286.011(8) Fla. Stat.,
the County Attorney desires advice from the Board of County Commissioners in closed attorney-client
session on TUESDAY, APRIL 22,2008, at a time certain of 12:00 noon in the Commission conference room.
The Board in executive session will discuss: Settlement negotiations and strategy related to litigation
expenditures in the pending litigation cases of Bonita Media Enterprises, LLC. V. Collier County Code
Enforcement Board, Collier County Board of County Commissioners, Case No.: 2:07-cv-411-FtM-29DNF,
now pending in the United States District Court, Middle District of Florida, Fort Myers Division and Bonita
Media Enterprises, LLC, Brennan, Manna & Diamond (Reg. Agent) v. Board of County Commissioners,
Collier County, Florida, Appeal Case No.: 07-2035-CA, Lower Tribunal CEB No.: 2007-35, now pending in the
Twentieth Judicial Circuit in and for Collier County, Florida, in the Administrative Appeal Division of the
Circuit Court.
'~14A
PROCLAMATION
WHEREAS, water follows a natural cycle from Earth to air to Earth
again; and,
WHEREAS, water is a basic and essential need of every living creature;
and,
WHEREAS, our health, comfort, and standard of living depend upon an
abundant supply of safe drinking water; and,
WHEREAS, the citizens of Collier County should have a safe and
dependable supply of water both now and in the future; and,
WHEREAS, we are calling upon each citizen to help protect our water
resources from pollution, to practice water conservation, and
to be involved in local water issues.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that the week of May 4 - 10,
2008 be recognized as Drinking Water Week.
DONE AND OROERED THIS 22nd Day of April, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN , FLORIDA
'MAN
A TrEST:
;.. ,
.ii~ '.'
, 4B
PROCLAMATION
WHEREAS, Administrative Professionals Week and Day was created as an annual
opportunity to recognize the valuable contributions of office support
staff in business and government: and,
WHEREAS, Administrative Professionals Week is always held annually during the last
full week in April, Sunday through Saturday, and Administrative
Professionals Day is always held the Wednesday of that week: and,
WHEREAS, since its inception in 1952, Administrative Professionals Week has been
sponsored solely by International Association of Administrative
Professionals (IAAP) organization: and,
WHEREAS, Administrative Professionals Week has become one of the largest
workplace observances celebrated worldwide: and,
WHEREAS, IAAP's objectives for Administrative Professionals Week are to educate
the public about administrative professionals' expanding roles and value
in the business world, enhance the profession's image, encourage people
to consider administrative careers and promote lifelong learning,
certification Gnd prof.essional development: and,
WHEREAS, Administrative Professionals Week is an excellent time to open lines of
communication and an opportunity to further raise awareness of the
exemplary service provided by office support staff.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that the week of April 2(/h through April 26th, 2008,
be designated as
Administrative Professionals Week
DONE AND ORDERED THIS 22nd Day of April, 2008.
BOARO OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
~/4C
PROCLAMATION
the Barbershop Harmony Society is dedicated to sustaining and
preserving an American Tradition of a distinctive style of vocal
music, encourages harmony amongst all people of the world through
the universal language of music, and promotes musical education
through music scholarships and other means: and,
the Barbershop Harmony Society is engaged in laudable CIVIC
service and enrichment of our cultural life through the fostering of
traditional values in entertainment and community endeavors all
across America: and,
the Paradise Coastmen, as members of the Barbershop Harmony
Society, perform at many civic and social events in the great City
of Naples, Florida, and are noted for singing the National Anthem
at any event where it is required: and,
the PtytJ.. dise Coastmen were honored with a 2006 Stars in the Arts
Aw~from the United Arts Council of Collier County: and,
( .
the Bfrbershop Harmony Society is celebrating its 7(fh anniversary
April IJ, 2008.
NOW THEREFQRE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that April, 2008 be designated as
Harmony Month
DONE AND ORbEREO THIS 22nd Day of April, 2008.
A TrEST:
'(
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, n RIOA
~
..-- /
/ t'f1---
TOM HENNING, CH.
~<!~~
DWIGHT . i BRO~K, CLERK ".
PROCLAMATION
l4D
WHEREAS, James A. McTague demonstrated love and concern for the disadvantaged:
and,
WHEREAS, Jim served Catholic Charities for many years as a Director of Catholic
Charities of the Archdiocese of Miami, a Director of Catholic Charities of
the Diocese of Venice, Director of Catholic Charities USA in Washington,
DC, Chairman and Founding Director of the Catholic Charities Foundation of
the Diocese of Venice, as well as member of the Advisory Board of
Catholic Charities of Collier County: and,
WHEREAS, he was steadfast in his faith, a model Catholic and a dedicated husband
and father,' and,
WHEREAS, he gave generously from his skills as a business entrepreneur, community
leader, fund raiser, consultant and mentor: and,
WHEREAS, he was loved, respected and admired by his numerous friends: and,
WHEREAS, he was always positive and full of good cheer with a special sense of
humor: and,
WHEREAS, he was given special recognition by his peers a.s the Humanitarian of the
Year,' and,
WHEREAS, it is the desire of the Advisory Board of Catholic Charities of Collier
County to recognize and promote the continuation of these outstanding
qualities in our community.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that
.lames A. McTague
be recognized for his civic and business leadership in Collier County and our
hopes that his legacy will serve a.s an inspiration for the citizens of Collier
County.
DONE AND ORDERED THIS 22nd Day of April, 2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN , FLORIDA
ATTEST:
AN
B~a ~
OWIG E. BR~" ...........
PROCLAMATION
, ltt I
WHEREAS, April 27, 2008 through May 3, 2008 is designated as National Volunteer
Week: and,
WHEREAS, volunteers are an integral part of Collier County: and,
WHEREAS, volunteers have shown that they truly care and share the generosity of
themselves: and,
WHEREAS, volunteers reflect the power to "inspire by example": and,
WHEREAS, volunteers both encourage those they help and motivate others to serve,' and
WHEREAS, Collier County offers many opportunities for citizens who wish to volunteer in
a variety of different service areas; and,
WHEREAS, Collier County is the proud sponsor of the Retired and Senior Volunteer
Program: and,
WHEREAS, Collier County,..utili.. ...Iunteers in Oomestic Animal Services, Public Libraries,
all MuseunLf,' PtJt'k$ ond Recreation, Veterans SCl"fliccs, University Extension
Services through Me 4-H, and Master Gard."ersprograms: and,
WHEREAS, Collier .CtIUIftJI has 1,489 volunteers who help the Cotmty further its mission
and t:lOIItrIlMIte 72,.7 hours of service annually, representing over
$1,351,tW1..~O in savings for Collier County government: and,
WHEREAS we with to/1onor and to thank the dedicated citizens of Collier County,
Florid<< wIto give so frettly of their valuable time, energy, tJnd abilities.
NOW THEREFORE, be it prodtJimed by the Board of CountyCommiuioners of Collier
County, FloridD, .thGt the wfek of April 27, 2008 thl"OUgh May 3, 2008 be
designated as
NATIONAL VOLUNTEER WEiK IN COLLIER COUNTY
and in doing so, we call all citizens to help renew and sustain the spirit and
vitality of this great nation by committing a portion of their time in
addressing the needs of your community through voluntary action.
DONE AND ORDERED THIS 22nd Day of April, 2008.
BOARD OF COUNTY COMMISSIONERS
~ou. , FLORIDA
ATTEST:
..1
j
"4F
fROCLAMA rION
WHEREAS, sexual assault continues to be a major social crisis in our society,' and,
WHEREAS, sexual assault affects every child and adult in Collier County as a
victim/survivor or as a family member, significant other, neighbor, or
co-worker of a victim/survivor,' and,
WHEREAS, volunteers and service providers in our community are working to provide
a continuum of care to sexual assault survivors through 24-hour
hotlines, counseling, support groups, advocacy, medical care, and
education,' and,
WHEREAS, ProjectHELP, Inc. seeks to improve services for victims/survivors of
sexual assault and prevent future sexual assault through public
awareness and services for victims,' and,
WHEREAS, this community recognizllS tJM vital importance of designating a time
devoted to increasing tJM gtlMl'tll publics awareness and support of
agencies providing servicllS ttJ raJM victims,' and,
WHEREAS, we hold forth a vision of a community free ff'tlm HJtUal violence.
NOW THEREFORE, be It proclaim<<l by the Board of County CtNllminioners of Collier
County, FltJrida, that April, 2008 be designat.d as
SEXL/AL ASSAL/LT AWARENESS MONTH
DONE AND ORDERED THIS 22'" Day of April, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
ATTEST:
PROCI.AMA rrON
46
WHEREAS, mental health is essential to everyone s overall physical health and
emotional well-being,' and,
WHEREAS, mental illness will strike one in five adults and children in a given year
regardless of age, gender, race, ethnicity, religion, or economic status,'
and,
WHEREAS, people who have mental illness can recover and lead full, productive
lives,' and,
WHEREAS, an estimated two-thirds of adults and young people who have mental
health disorders are not receiving the help they need,' and,
WHEREAS, the cost of untreated and mistreated mental illness and addictive
disorders to American businesses, governments, and families has grown
to $113 billion annually,' and,
WHEREAS, community-bDl<<! services that ,..sptJfld tD individual and family needs
are cost-elhctivtl tmd beneficial to CDn.SlJ1fHll"S Ilnd the community,' and,
WHEREAS, the M."ttll Hulth Association of SouthwestFlt:rida and its national
partnrs tlbsllrve Mental Health Awareness Month evtIrY May to raise
awa,..".sslllld understanding of mental health and illnus.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that May, Z008 be designated as
MENTAL HEAL TH A WARENESS MONTH
DONE AND ORDERED THIS zr Day of Apr1'l, 2008.
BOARD OF COUNTY COMMESSIONERS
COLLIER a MY, FLORIDA
'MAN
ATTEST:
? ; It-H
fROCLAMA TION
WHEREAS, the travel and tourism industry is the largest industry throughout
Florida, employs more than 1 million people and produces more than $60
billion in revenue from taxable sales: and,
WHEREAS, the travel and tourism industry supports the vital interests of Collier
County, Florida and the United States, contributing over 31,000 jobs to
our community, economic prosperity, peace, understanding, and goodwill:
and,
WHEREAS, 1.4 mIllion visitors contributed nearly $1.4 billion dollars to the economy
of Collier County in 2007: and,
WHEREAS, it is in the best interest of the citizens of Collier County to inform them
of the direct and indirect benefits of tourism: and,
WHEREAS, in light of Collier County's tJUtstanding beaches, golfing, shopping, and
restaurants: its fItI'h.rt1/~r hi"Dl"ictll, and cultural activities - travel and
tourism is becomilfg till Iw:r.oslngly importOllf aspect in the lives of our
citizens: and,
WHEREAS, May 11th - 17"', 2008 is being observed thlYHJghwt the State of Florida
and the ""i,.d States as NatiQ/lQI Tourism Week,' fJfId,
WHEREAS, given the CfJI'Itributions of travel and tourism to the eCDnomic, social and
cultul'fJl .II-being Df the citizens of CDllier County, it is fiffing that we
recognize the importance of travel and tourism to our community.
NOW THEREFORE, be it proclaimed by the Board of County COIMIissioners of Collier
County, FltJridt1, that May 11th - 17", 2008 be dcsigntlted as
TOURISM WEEK IN COLLIER COUNTY
DONE AND ORDERED THIS 2r bJly of April, 2008.
BOARD OF COUNTY COMMISSIONERS
-d.-OUNTY. FLORIDA
~AN
A 7TEST:
L.c ,
PROCLAMA TION
WHEREAS, Collier County's 25'h Congressional District has been effectively and
responsibly represented by Mario Diaz-Balart since he was elected to
the United States House of Representatives in 2002: and,
WHEREAS, Congressman Diaz-Balart assisted the County in securing about $3 million
in federal funding to enhance its public safety communications
capabilities, design safer transportation alternatives, sustain water
infrastructure needs, promote health care access to uninsured residents,
and construct a new recreation center for our youngest citizens: and,
WHEREAS, Congressman Diaz-Salart has been an energetic and enthusiastic
contributor, working to ensure that Collier County remains an exceptional
place to live, work, and visit: and,
WHEREAS, Congressman Diaz-Balart has been a valued, tireless and dedicated
advocate who, on behalf of our community has continually represented
the needs of our citizens through his service on the House
Transportation and InfrastructulW, Science and Technology, and
Budget Comeitt_s: and,
NOW THEREFORE, be it proclaimed that the Board of County Commissioners of
Collier County, Florida, recognizes
THE HONORABLE MARIO DIAZ-BALART
U.S. HOUSE OF REPRESENTATIVES
and thanks him for his extraordinary service to Collier County.
DONE AND ORDERED TT 22'" Day of April, 2008.
, BOARD OF COUNTY COMMISSIONERS
COLLIER a 'UN FLORIDA
16n
Jose & Nancy Colina
2820 22nd Ave. SE
Naples, Florida 34117
April 22, 2008
County Manager
Dear Sir:
My family is grateful for the opportunity given to petition the Board of County
Commissioners. If there is someone else in the community that has also been a victim
of Designers Home GfQtlp,Inc., or any other Corporation; my suggestion is to get in
touch with yonrconnirissioner and they will try to help you with your problems. I am
very well aware that I am not the only one that had problems with this Corporation.
I have sufficient evidence to back up everything that I am about to say.
My husband and I decided to have our home built here on our land in Collier County.
We visited several developers prior to making a decision, and we selected to have
Designers Home Group, Inc., build our new home. My husband and I signed the
Residential Construction contract on March 3,2003.
Exhibit "'A"
Residential Construction Contract
Construction of our new residence began and work was performed according to the
builder's schedule. Permits and inspections were apparently done, Certificate of
Occupancy issued on March 26, 2004.
Exhibit ~'B"
Collier County Government Permits
Exhibit ~'C"
A certificate of Occupancy
, 6D
The keys to our new home were given to my husband on May 5, 2004. We started to
bring some of our belongings gradually on weekends, because we still had our
existing home in Miami. Our problems started toward the end of May beginning of
June 2004. My husband arrived with furniture and to stay for the weekend when he
realized that the front bedroom carpet was soaked, somehow water was seeping
through the front bedroom and livingroom area. Here is when our nightmares began
and our new home became a living inferno.
I contacted the builder right away regarding the problem my husband had
encountered and was told that someone would come and check to see what the
problem was. I would make arrangements with the office to have someone go and
meet me at the house and no one ever showed up. I made numerous phone calls and
sent several faxes confirming the time I would be at the house and it was all a waste
of my time.
Prior to the one year period we are entitled to under warranty from Designers Home
Group, Inc., against defective workmanship and material, considering the
construction standards for a property in Collier County. I sent a certified letter to
Designers Home Group, Inc., and the Office of Inspector General.
Exhibit "'D"
A certified letter dated January 21, 2005 to Designers Home Group, Inc.
Exhibit ~~E"
Office of Inspector General
I waited to see if I would get a reply regarding the letter. The builder did not make
an attempt to contact to comply with the issues. Once again I sent out yet another
certified letter.
Exhibit "'F"
A certified letter dated April 4, 2005 to Designers Home Group, Inc.
I was hoping to finally have the problems resolved, needless to say that I did not get
a response. I decided to file a complaint with the Department of Business and
Professional Regulations sent certified mail.
Exhibit "~G"
A certified letter to Consumer Complaints dated May 5, 2005
6D
I contacted several roofing companies in the area to come to my home to see if they
could tell me the problem with my home. The first company to arrive was Kelly
Roofing on June 25, 2005. We now know what was the cause of the problem, they
told us and showed us that the valley in front of our home had never been finished.
We pursued this issue with legal counsel.
Exhibit" H"
Kelly Roofing photo of my roof
Exhibit "I"
Agent Geo Arcia (vice-president) acknowledged the roof never completed
We also encountered yet another problem that we were not aware of until hours prior
to Hurricane Wilma threatened our area in 2005, the shutters to the back were
incorrect size too short.
Exhibit "J"
A fax from counsel advising opposing counsel, of a new issue, the shutters
I sent another Complaint Form to Consumer Complaints due too now having proof
of the problem along with a Mold Analysis Report.
Exhibit "K"
A certified letter to Consumer Complaints dated August 1 0, 2006
Conclusion is that we ended up with water damage in the interior of both areas with
severe mildew damage do to roof leaks. MOLD contamination in our home.
Solution to our Mold problem would be Remediation. Remediation started on
August 10, 2006, while work was in progress we were forced to move out of our
home. We could not leave the premises due to all my animals and my husbands'
equipment. We had no other choice but to rent an R. V., and we placed it in the hack
of our home. I had a very difficult situation with my 78-year-old mother, she suffers
from Dementia, Alzheimer and is confined to a bed. Having to care for her in the
R. V. was very stressful and difficult. We stayed in the R. V. for three weeks only
because it had been reserved previously. The next week and a halfwe had to stay in
the screen porch because we still could not go inside our home. On September 12,
2006, we were finally able to have access to our home.
6D
Exhibit "L"
A photo album
Exhibit ""M"
Ultimate Response Fire & Water Restoration Inc.
Finally we received a Judgement in our favor on December 20, 2007 signed by
Circuit Court Judge Cynthia A. Ellis.
Exhibit ""N"
ORDER ON MOTION FOR ENTRY OF JUDGEMENT ON ARBITRATION
AWARD
We honestly believe that the county is responsible for all the problems that this has
brought our family. If the inspector had not signed the approval for the roof and had
advised the builder to finish the job we would not have encountered any these
problems.
We had to take a Line of Credit to pay for all the unexpected expenses. This affected
us in a negative way, my relationship with my husband of25 years. As a result in
constant arguments, mental anguish, depression. We were to a point that we almost
lost our home.
Finally all the information that I have provided is because I do not wish any other
family, in this county or any other county to have to go through what we have been
because it was a living nightmare.
I may be reached at my home (239) 455-3565 or cell numbers (786) 200-6464, (786)
232-2658.
Yours faithfully,
~;I)'iA~. ~ 'c. S U~\
Im:cy C",lina J
6D
RESIDENTIAL CONSTR1JCTI()N CONTRACT
'f'HS AGHEEMENT made on this 3rd del'-' of March. 2003. hv <md between DESIGf'iFRS HOivP;.
GROUP a Florida corporation, and Jose Luis Colina and Nancy Colina (hereinafter rcL;er-cd to as ti,
"O\VNER"L \vhose address is: 4530 N\V 179<" Strecl Miami G~In:lens. PI. 3305"
Home Telephone
\VorL Telephone
CcJIl3ccper
Social Security:
305-623-9407
305-623-9223 X7108
786-200-6464
266-25-9385 Nancy
305-308- 9340
Social Seeuritv' 590-24-1574
WITNESSETH
DESIG!',IERS HOrvlE GROUP covenants and agrees to construct a single family residence and related
improvements. t()[ ai'1U in consideration of the purchase price to be paid by the O\VNER as stated below,
HOOf) the t{J!1mving described property:
Legal Descripuon:
Street Address:
Propertv In
OWNER IS RESPONSlBLE FOR PROVIDING EVIOENCE THAT THE PROPERTY IS
BUILDABLE. n~ THE PROPERTY IS 75 FEET \\'IDE. THE O\VNER IS RESPONSIBLE FOR
PROVIDING EVIDKNCE THAT THE LOT WAS SfJBDlVIDEH PRIOR TO 1974.
1. Closing. The closing, induding tbe issuance of title insurance, shall take place at cost to OWNER(S
and at a title company of choice of DESIGNERS HOME GROUP
L f\hterial and LabOl-. DESIGNERS HOME GROUP shall furnish all materiaL labor, equipment, tools,
machinery and supplies necessary for the construction of said residence m substantial accordance with the
contract documents and aU applicable building codes. AIl w'ork shall be pen-ormed in a good and
workmanlike manner DESIGNERS HOME GROUP shall have the right to substitute materials of iike
kind and quality in the event certain materials arc not available
:; Contract price and payment. In conSIderation for DESIGNERS HOME GROUP work and obligations
hcrcundcL O\VNER shaH pay DESIGt'ffiRS HOME GROUP for the model known as Ibiza with lanai as
living square footage which is subject to additions or dcductions for agreed changes in specifications, the
contract sum of $j 21 ,860.00 ($1 ,860JJO) to be paid out of pocket payable in the fbllowing insiallmerru;
L Deposit Duc upon signing of Contract $1.500.00
(C redited against final payment)
'":'0 finance a balance of
$118.500.00
10 be disbursed in accordance with Lire hank Of !ending mstitution' s dravv schedule
~\-
Jose Luis Colina and Naw_,: C:olin;]
and DES!GNERS HOME GROUP
6D
DESIGNERS HOi'-.1E GROUP agrees to refund the anlouni deposited in the event mortgage financmg IS
nor approved by a lending institution. In the event customer has been tinancially approved. and determines
:lOt to contmue ,',lith construction procedures, Designers Home Group \'viI! be compensated with the total
arnount deposited. as Equid;';;lted d:-:.rnages.
A. AU construction draws shaH be dispersed from the OWNER'S bank or lending institution (if
applicable) cjjrectly to DESIGNERS HOME GROUP All inspections will he per{omlcd by the bank oz.
lending institution mspector and according to the construction draw schedule. Anv costs associated with
any such inspections shall be borne by the O\\lNER Upon acceptance of this contract by OWNER, th,::
deposit set fortb above vv'ill be paid to DESIGNERS HOrviE GROUP by OWNER. PaY111ent of the deposit
bv OWNER shall be evidence of OW"NER'Sinstruction to DESIGNERS HOME GROUP to commence
constntctJoll
B. If tile OWNER is financing the constnlclion of improvements ""iill an institutional lender, any chimges 10 lhe
draw schedule mllst first be approved in writing by DESIGNERS HOME GROUP All installments shaH be due
and payable within five (5) d::l)'s of request made to OWNER, or OWNER'S lender if OWNER is financing the
construction improvements. O\VHER agrees to eXCCtlte all dr;IV,' requests and checks issued by any such lender
within (5) days fTOm the date of said draw request If rlIe installments are not paid \\'itJlln the stipulated lime, (5)
days, all work shall cease until installments arc met If snell dehlys in constructions cause additional construction
inlerest or e;,.1.ension fees, miscellaneous fees, etc. OW'"NER shaH pay such construction interest and/or fees due 10
the delays caused by non payment or delayed jYd\'llCnE off drm','.
L IUhe O\VNER is utilizing out of pocket means for payment, the f()l!owlng draw schedule will apply:
15r~b
Upon signing of contract
Pouring of slab
Roof drv-in
After all rough inspections
Obtaining Certificate of Occupancy
't,~,.f'
- -0'
L) I'r)
25%
"I -0/
..;:..) ;{)
100/0
D. The contract price shaH include the allowancG set forth on Exhibit A Whenever the actual cost of an
aHmvance item is more or less than the allowance. the cont.ract sum shaH be adjusted accordingly. Any
Increase in the aHmvance shaH be paid prior to the time the goods Of serVlces are ordered by DESIGNERS
HOME GROUP Any decreases shall be applied against any compietcd increases. If any decreases remain
upon completion of constructioIL any such decreases shali be applied against tbe final dra\\.
E in tbe event of any increase in permit or impact fees any change in applicable building codes regulating
rhis construction occurring after the execution of rhi.s contract to conform to the requirements of such code
:md any cost increase resulting there from or any increased fees shall be an c>..1:ra to this Contract and shall
be paid by OWNER within five (5) days of written demand given by DES1GNERS HOrvIE GROUP
4. ~xhibjt. Attached hereto and incorporated herein arc the following exhibits
Exhibit A- Allowances
::xlllblt B- Ex"tras and Upgrades
E':xhibit C- Specifications
Exhibit D- Plans (to be initialed by OWNERS)
OWNER'S Initials:
--r. (-
. ~-~_._------
lose Luis Colina and Nancv Coiim:
:illd DESiGNERS HOME GROt IP
6D
Financing. Within five (5) days the O\VNER wiiI apply for a conventional construction/permanent
mortgage loan from a lender approved by DESIGNERS HOME GROUP and use diligent effort and
cooocrate with the lender in obtaining an approvaL Owner agrees to make available and aHow the financial
institution to make available any/all appraisals perfonned as part of this process to DESIGNERS HOME
GROUP Should lender Jail to approve OWNER for mortgage, OWNER must use diligent cffort.s to
secure financing through another (second) lender approved by DESIGNERS HOME GROUP Ii mortgage
financing is not approved by second lender \\rithin sixty days and closed within thirty (30) days foHO\ving
mortgage approval (or such later dates as DESIGNERS HOME GROtH) and OWNER agree) this
agreement will be terminated and the initial deposit by O\Vl'%ER refunded, less any amount due to
DESIGNERS HOME GROUP for out of pocket expenses incurred by DESIGNERS HOME GROUP on
behalf of OWNER" and all parties \\111 be released of any and an obligations or liabilities to the other \-vitll
respect to this Contract. IJl the event that DESIGNERS HOME GROIJ1> has incurred more out of pocket
expenses than the amount of the initial deposit, DESIGNERS HOME GROUP win demand and receive
payment ofthesc out of pocket expenses from OWNER ~11en mortgage financing is approved and closed,
DESIGNERS HOME GROUP v.,in be paid in accordMce with the dravv schedule and procedures agreed to
by the O\'VNER, DESIGNERS HOME GROUP and lender No constmction dra,v shall be withheld by
O\VNER for any alleged defect or omission in the course of construction and aU such draws shall be paid
directly to DESIGNERS HOME GROUP and not to any subcontractor or vendor servicing or supplying
DESIGNERS HOME GROUP If for any reason DESIGNERS HOME GROUP is not paid a draw ','\Chen
requested and due, such non-payment shall, without further notice or action, be a default under this
agreement, shaH permit DESIGNERS HOME GROUP at its option, to suspend or temlrnatc construction,
to bring an action for the specific enforcement of this agreement and to exercise all other rights (including
but not limited to lien rights) under the laws of Florida to collect the filiI value of material and services
provided as well as such damages as may be lav.fuL late payment shall hear per diem interest at the highest
rate allowed under the Florida law
6. Cash Purchase. Should OWNER pay cash for construction, ~Uld after execution, terminate this
agreement within three days of last signed date appearing on contract, thjs agreement will be terminated
and the initial deposit by OW'NER renmded, It.'Ss any amount due to DESIGNERS I-IOME GROUP for
any out of pocket expenses incurred by DESIGNERS HOME GROUP on behalf of the OWNER, and all
parties "vill be released from aI1Y and aU obligations or liabilities to the other \vith respect to this Contract
unless this provision is waived by either party. In the event that DESIGNERS HOME GROUP has
incurred more out of pocket expenses than the amount of the initial deposit DESIGNERS flOME GROUP
shall have the right to demand and receive payment of these out of pocket expenses from O'Vv'f\.JER. Should
OWNER terminate this agreement after three days of last signed date appearing on contract, this contract
shall stand tcmlinatcd and the deposit shaH be forfeited and paid to DESIGNERS HOME GROUP as
liquidated da:lllages
i. Services Rendered. OWNER acknowledges that lien Estrada is the procuring cause of this contract
and shall be paid a 3% commission by and bet'ween by DESIGNERS HOME GROUP Thjs commission
shall ill no way affect the contract price paid by OWNER 3S stated in oaragraph 2
g Insurance. DESIGNERS HOME GROUP shall purchase and maintain the tollowing insurance:
OWNER'S Initi;ils:_I_h___
Jose Luis Colina and Nancy Colma
and DESIGNERS HOME GROUP
6D
'L Standard comprehensive general liability policy protection against liability for bodIly iIljUry or
property damage ''lith an aggregate limit of Hot less than $5OCUJOO 00 for bodily injury and
$300J)OO,OO for propCl1)' damage, Coverage shall include products, completed operations ar
personal iniun
B. Standard Builders Risk Policy in the amount of no less that is contract naming OWNER and
O\;\,/]\lER'S Lender (if applicable) as co-insured insuring against physical loss and damage to the
property' under cOl1stmction. Coverage shaH include but not be limited to, protection against
fire, lighting, windstOlTIl, hail, explosions, smoke, riots, vandalism, and malicious mischief
C Upon the issuance of the Certificate of Occupancy, DESIGNERS HOJ\1E GROUP insuran_~
policy wiB terminate, and it shaH be the obligation of the OWNERS to obtain homeowner's
insurance on the subject property.
At the request of OWNER, DESIGNERS HOME GROUP shaH furnish to OWNER (and Lender at
O\VNER's request) certificates or copies of policies providing tbe above coverage, shmving sucb
insurance as in force and the premiums due there under llavc been paid. r f the project is destroyed or
damaged by accident or disaster such as fire, stonn Of floc.d, work done by DESIGNERS HOME GROUP
in rebuilding or restoring the project shall be paid for by OWNER as c:\.1:ra work However, OWNER will
be credited in the exact amount DESIGNERS HOME GROUP receives insurance proceeds, amount
credited not to exCt..>eO expellditures/dra\vs O\VNER has given !nv"ard the house
Y. Ownership of property. OWNER represents and warrants t11ey arc the soie owners of the real property
described in tillS contract. OWNbR shall provide DESIGNERS HOME GROUP a copy of the deed
whereby OWNER acquired title to the property prior to the application for the building pemlit The
property must be free and clear of aU liens except any financing contemplated by this Contract. Owner is
responsible for securing ali zoning required tor the construction of the home.
10. Notice of Commencement. OWNER agret.-'S, at no cost to DESIGNERS HOME GROUP to record a
Notice of Commencement and provide a certified copy for posting on the consErut.'tion site. No work shaH
commence until such notice is recorded and p051:ed.
11, Change Orders. O'vVi\!ER shaH have no nght to order changes to the construction unless the change
and the price thereof are agreed to in advance by DESIGNERS HOME GROUP Change orders shall be
made in writing, but DESIGNERS HOME GROUP is entitled to and shall be paid for e:-,,1:ra work, \vhethei'
the extra work order is reduced to writing or not, providing any such work was at the request or direction of
O\VNER. In the event that O\VNER approves an}' change order, the agreed upon cost for any such
additional \vork shall be paid to DESIGNERS HOME GROUP by OWNER \\c-lthin five (5) days after
approval of any such request by O\VNER or compiction of the ;,york by DESIGNERS HOME GR01JP
whichever comes first In the event tbat the OWNER request a change order and fails to pay the cost of
such change within the time specified herein; DESIGNERS HOME GROUP shall not be obligated to defer
construction scheduling that may be required to construct the change and has the right to construct the
house as originally planned. An change orders must be made directly with DESIGNERS HOME GROUP
and not to any sub-contractoT which are performing work for DESIGNERS HOME GROUP
DESIGNERS HONIE GROUV shall not be respol1sibie tor any change orders not requested through
DESIGNERS HOME GROT TP
OWNER'S [uitials: -1_~_
"
_ / -r/'"-;'
~----
iose Luis Colina and Nancy Calma
and DESIGNERS HOME GROT IP
6D
i]C L!.. Variances and Changes. In construction cert:1.in changes m the plans, specifications and materials may
be desirahle or required by governmental authorities. job conditions, product availability or design changes
by DESIGNERS HOr,,1E GROUP a.,d arc authorized by this Contract provided that any such change.'
witlun tbe control of DESIGNERS HOME GROUP shall not materiaIJy and aversively affect the size.
quality, value or essential characteristics of the home. Certain items, such as pa.int, tile, cabinets and
appliances, aTe also subject to design change.s by the manufacturer and sbadings in color and graduations
[3 Concealed Conditions Concerning Lot. If exotic tree or vegetation removal/kill is required, the cost
of such removal/kiH wiII be added to the contract price
14. Concealed Conditions Concerning Implementation of Working Drawings. If DESIGNERS HOME
GROUP discovers that aportioD of the drd.,vings, although 5110W1'1 on the drawing, will be unable to be
constructed. DESIGNERS HOME GROUP a""UTees to inform O'WNER of this fact. OWNER agrees that
should changes be required to the implementation of the drawings, OWNER ",sjIJ reimburse DESIGNERS
HOME GROlJP for any extra expense incurred by DESIGNERS HOME GROUP to implement changes in
the plans. DESIGNERS HOME GROUP ha<; soJe discretion as to the required remedy when such a
situation is encountered.
15COlllpletioll and Occupancy. OWNER lvill not occupy the residence until construction has been
completed and final payment has been made, without the V>TItten consent of DESIGNERS HOME GROUP
OWNER shaH not visit the site during constmction 'without the express \\Tritten consent of DESIGNERS
HOME GROUP or unless DESIGNERS HOME GROUP's agent or representative accompanies O\\r'NER
to any such visit. O\VNER sl1aH contact DESIGNERS I-IOME GROUP a minimum of 24 hours in
<IE]. advance to arrange a convenient time to visit the site during normal working hours. Because of the d3.tigers
of a construction site and because of insurance guidelines, only the o"vner~s of the property \->.>in be
permitted on the site during such visits.
16. Utility Deposits. AU meter charges, garbage collection fees, and permanent utility deposits shall be
paid by OWNER upon issuance of Certificate of Occupancy A.ny fees paid by DESIGNERS I-IOfv!['
GROUP on the OWNER's behalf shan be reimbursed to DESIGNERS HOME GROUP at closing.
17. CONTROL OF SITE, ACTIVITIES DURING CONSTRUCTION, WALK THROUGH AND
PUNCH LIST AT COMPLETION OF CONSTRlJCTION. The OWNER agrees that DESIGNERS
HOME GROUP shall control the lot and construction while the home is being built and until closing.
Restrictive requirements of governmental agencies and insurance carriers prevent DESIGNERS l-lOME
GROUP from pennitting OWNER and their agents from performing 'work on the lot and home dwing
DESIGNERS HOME GROUP's control and no such work shall be performed. OWNER shaH not
interfere \vith workmen during working hours. Any questions concerning the work of other inquiries shaH
be directed to DESIGNERS HOME GROUP and not the subcontractors. No negotiating of
a,dditional/upgrade \vork shaH be made ,vith subcontractors. If DESIGNERS HOME GROUP learns or
observes Vl'Ork not negotiated \\-'ith DESIGNERS HOME GROUP but directly agreed upon by OWNEP.
clirectIy to subcontractor. OWNER agrees to pay DESIGNERS HOME GROUP the price/sum stipulated
by DESIGNERS HOME GROUP irregardless of amount paid directly to subcontractor. DESIGNERS
HOME GROUP shall not guarantee such ,vork since such '\\'ork nor be responsible of soundness/quality of
such work since such work was not arranged through the normal channels at the offices of DESIGNERS
OWNER'S Initials: --1 _ C____
/~i
-~~_.-
6D
Jose Luis Colina and Nancy Colina
and DESIGNERS H07vlE GROUP
110n
HOME GROUP but directly through a subcontractor. At the completion of construction OWNER \vill
walk UlfOUgh the home "vith DESIGNERS HOME GROUP's representative and prepare a c'punch list" of
alleged construction defects. Except where specifically set fon1-1 in tl1e plans a.nd specifications, generally
accepted construction stat,dards shall govern DESIGNERS HOME GROUP's obligation and the
determination of construction defects DESIGNERS HOME (iROUP win correct actual detects that are
round fa exist within thirty days of walk through. .nlC cxistence of punch list items shall not, however,
delay the payment of any of DESIGNERS HOME GROUP may dect, in its sole discretion, to deiay
closing and occupancy by the OWNER until alleged defects are satisfied and the OWNER, in writing
accepts the home in present form. No 'escrow" or hold backs of closingrunds 'will be permitted.
'.~.
l~. INSTALLATION OF WATER EQUIPMENT, Ale EQUIPMENT, AND APPLIANCES.
DESIGNERS HOME GROUP shaH not install water equipment nor /VC unit, nor appliances prior to final
dosing. The failure to install \vater equipment, Ale equipment, and appliances slk'lH not delaynnaJ closing
and aii provisions of paragraph 17 will apply. DESIGNERS HOME GROUP shall install water
equipment, Ale equipment, and appliances as soon as feasible after final cJosing_ Should water equipment,
AJe equipment, and appliances be installed prior to final closing, OWNER shall be solely responsible fer
such items
....1.
TN!
[9. PossessIon. Until construction has been completed, a certificate of occupancy issued, and aU moneys
due and payable to DESIGNERS HOME GROUP have been paid in ilin, possession of the home shall
remain with DESIGNERS HOME GROUP and no furniture, fixtures, or personal property of any kind
may be installed or placed in the home by OWNER(S) and no person may occupy the home. O\VNER
agrees to dose, and/or modify the loan upon notice of dosillg from DESIGNERS HOME GROUP and lor
financing office. DESIGNERS HOME GROUP's receipt of the Certific.ate of Occupancy from the
governing mlmicipality is sufficient evidence that the home is ready to close and connection of utilities is
not a required precedent thereof O\.VNER has two ,.vceks from issuance of certificate of occupancy to
effectuate final dosing. Should closing be delayed later than two weeks due to no fuult of DESIGNERS
HOME GROUP OWNER shaH be liable for interest at the highest legal rate upon aU monel's due to
DESIGNERS HOME GROUP upon final closing.
20. Clean-up. DESIGNERS HOME GROUP shail at all times keep the site reasonably free from
accumulation of 'waste material or rubbish caused by its operations. Upon completion of work.
DESIGNERS HOME GROUP shall remove all rubbish caused by its operations hereunder, from the site
as well as all of its tools, equipment, machinery, an.d surplus materials or as no longer needed, and leave the
work or such portion in "broom dean" or equivalent condition
21. Wananty. DESIGNERS HOME GROUP shaH guarantee, for a period of one year from the time of
issuance of ce11itlcate of occupancy, the home against defective \vorh.'1nanship and material, considering the
con..c;truction standards for similar property in Collier County, Florida. This guarantee includes, the
building, roof, plumbing, air conditioning, hearing equipment and electrical \vork. This guarantee does not
include hairline cracks, n.:-ui pops, tile breakage or cracking, grout cracks, or imperfections that may result
from negligence, or poor maintenance by OWNERS, or abuse by OWNER(S), from natural settling of the
structure, or form an act of God, or incidental or consequential damages. .nIis guarantee does not apply to
rrny 'Nork or sweat equity perfomled by ON\VER(S)
OWNER'S initials:__=LC ____.
Jose Luis Colina and Nancy Colina
and DESfGNERS HOME GROUP
6D
This guarantee docs not apply to dying or burned sod All request") to obtain warranty' \vork shall be made
in Y\Titing and delivered via certified mail through the US. Postal Office to the office of DESiGNERS
HOME GROtJP
nus WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED.
22 Time is of tbe Essence_ Time is of the essence as to parties' performance under this contract
23. Contract Withdrawal. Tbis contract may be \vithdrawn by DESIGNERS HOwIE GROUP if
construction is not commenced \'\'ithin 120 dav$ from above contract date
14. Right to Stop Work. DESIGNERS HOME GROUP shall have the right to stop work if payments are
not made when due under this contract.
25. Assignment. Neither DESIGNERS HOME GROUP nor the ONWER will assign this contract without
the express vlITitten consent of the other part}..
26. Radon Gas. Radon gas is a naturally occurring radioactive gas 'Noeo radon gas accumulates in a
building in sufficient quantities it may present risks to persons who are exposed to It over time. Levels of
Radon gas that exceed Federal State Guidelines have been <<mod in Florida. Additional infhrmation
regarding Radon testing may be obtained from vour county public health anit
27. Attorney's Fees. If it is nccx."Ssary for DESIGNERS HOME GROUP to employ the services of an
attorney to cntbrce our finn' s rights under tIus contfact~ the O\VNER shaH be responsible for alJ-
reasonable attorney fees and court costs incurred by OUT firm. In tbe event any litigation arises, the parties
concerning the performance or interpretations of this construction agreement~ the prevailing party vvi II be
c;ntiticd to re<3sonable attorneys fees
2~). Entire Ag.-eement. This contract and any ex.hibits attached hereto contains the entire agreement
bctvveen the p<1.sties and merges and extit'!:,lUished aU prior negotiations, brochures, advertisi.ng or other
statements made by DESIGNERS HOME GROUP or any agent wlU be binding unless stated herein. If
any section of this contract is found to be unenforceable or invalid, the remainder of the contract wiI! be
deemed to be enforceable and unaffected by the section or sections found to be l.lnenforceahic or invalid
29_ Other t~~ ind Conditions:
I \ 1ff )
trbV'1 /
: t/
:-.----- I,,~~~--._------_...
lien Estra ~es Manager
DESIGNERS l-lol'vlE GROUP
Date 03-03-03
,
"\
1
\
Date 03-03-03
----'----.----~----- .-~--,--____._ _h___.________________""_.
DESIGNERS HOME GROUP
Owner(s} /1 i I
Signature: _/\1 ~~ vL
Plint: .10~e Luis Colina
/.:' .!:/,
~7C .~
~---
Date 03-03-03
)iNNER'S Initials:
7
~3/l9/2004 11:12
23951450070
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PAGE 03/P D
Jose Luis Colina and Nsni~;
and DESIGNERS HOME b~
-.,........,
-----
Owner(s)
S.
Print:
~~
t
\
Date 03-03-03
E:d'n"Oit A ff,: II
DelJcriJJtiQn
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Upgrade lanai sqrnne footage to living squaxe footage (to be-paid om ofpockct)
120,000.00
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I (we) hereby agree to the abo-iC charges and/or c:redjf:s issued fur all"",-anceslupgrade5, tQ be inc-'JrjXlrated as part
of exi~ cootract.
/"':
Date:
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Date:
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OWNER'S Init:iais: T c
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NANCY COLINA ~
4530 NW. 179TH STREET
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AD:pE:Nl)lJl~i
r-.:rot part of original contract
Saturday, June 07, 2003Saturday, June 07; 2003
Re: Jose Luis Colina and
Nancy Colina
Add to existing house plan a trussed in., screened in,
lanai with footings and tie beam of 12 X 24
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~
PAGE (32/2):3
6D
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F M5 BROiHl:Rs INC
P ~~;~:C'
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COLLIER COU~TY '-'
BOAR.D OF COUNTY COMMISSIONERS
CERTIFICATE OF OCCUPANCY
'/'
>"';),;;icete i!il iSSued persuant to tl1e requirm~nts of the Stt>nd21:cl ''''-':.:
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CO NBR:
253242
STATUS: ISSOf::P
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ISSUED DAT8: Ma=8h 26, 2004
;"120 22ND AVE SE
19~ Golden G~te Estates Unit S7
BLOO\ :
51
I.R.S. :
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UT!L~TY COMPANY:
,::8'3 RE-S:ri)SNCE 200 Jl.~:rps
(X:lJ:'I?'1A. JOSE; t...<< NANCY.
?clE~rC~N PRIME - 5500178
.~~ -=-!5 .rlL,ul: LAGaON u~ GTe; ~SO
NUMBER O~ ~TERS,
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,0_~"DEN GATE; E.ST UNIT 8 7 ~J
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?rinted On:
Page
3/25/200
1 c;!
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6D
Jose & Nancy Colina
4530 NW 179 Street
Miami Gardens, Florida 33055
January 21 S\ 2005
Designers Home Group
Attn: Geo Arcia, Vice-President
2154 Trade Center Way
Unit #2
Naples, Florida 34109
Dear Sir:
I am writing to you concerning problems with the construction of my home located at
2820 - 22 Avenue SE, Golden Gate Estates, built by your company. On May 4th, 2004,
the keys to the house were given to my husband. I have made several phone calls
followed by faxes to your company and have spoken to your assistants, (Jessica and
now Jennifer), regarding problems we have encountered with our home.
1. Water seeping through the front bedroom (carpet, furniture and clothes ruined).
2. Front entrance on the beam to the left is falling apart.
3. Front left window is crooked (not done properly).
4. Water damage on the roof, front of the house on top of left window.
5. Craters have developed over by the water filter system and lUlder the concrete
(ground not packed properly prior to laying the sod).
6. Garage door does not close.
7. Door by the laundry room leading to the garage (gap under threshold).
~. TIles placed wrong. Some areas there are cracks. Several tiles need to be
replaced, they're broken. Noticed during the walk through and was told that it
was noted.
9. Floor nimming in the kitchen by the pantry needs replacing (unacceptable)
] O. Telephone line in the kitchen does not work
During the early part of the Hurricane Season of 2004, we noticed that water had
, 6D
somehow came into the front bedroom. I called your office right away and told your
assistant that water had accumulated in the front bedroom. Your company sent out
someone to check out the problem. The only thing the he did was lift the carpet and
the padding just to verify that it was soaked and was smelling foul, but nothing else
was done. He never even tried to find out what was causing the problem.
Your assistants assured me each time I called that the problem would be taken care of
that it would be fixed as soon as possible. No one else from your company has made
an attelnpt to contact me to make arrangement s for a tune to fix the problems. The
roof still leaks and may cause further problems to the bedroom, if it is not repaired
soon. I have had to replace the bedroom furniture, because it was falling apart due to
the amolmt of water it had absorbed. Clothing in this room also nnned.
It has been over 6 months since I first notified your company of the problems I had
encountered and the defects I had noticed and till this day defects have not been fixed.
I therefore request that your company commence repairs to my home within 14 days
of this letter.
<';..~,
I trust that I can count on your immediate cooperation to resolve this matter promptly.
I may be reached at (786) 200-6464 to arrange a suitable time for repairs to commence.
Yours faithfully,
~.. . ~
-- /_ ~ <::::J-~
t1a~c:::-~
Nancy C\U
IIIII
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
60
· Sender: Please print your name, address, and ZIP+4 in this box ·
Nancy Colina
4530 NW 179 Street
Miami Gardens, FLorida 33055
SENDER: COMPLETE THIS SECTION
. Complete items 1. 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
C. Signatw-e
X
D Agent
D Addressee
DYes
D No
D. Is deliveIy address different from item 1?
If YES. enter delivery address below:
Designers Home Group
Attn: Geo Arcia, Vice-Pres
2154 Trade Center Way
Unit #2
Naples, Florida 34109
dent
3. Service Type
fi Certified Mail
D Registered
D Insured Mail
D Express Mail
IX Return Receipt for Merchandise
DC.O.D.
4. Restricted Delivery? (Extra Fee)
Dyes
2. Article Number (Copy from service label)
7002 3150 0004 6411 5038
PS Form 3811. July 1999 Domestic Return Receipt
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1. Article Addressed to:
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Attn: Geo Arcia, Vice-Pres
2154 Trade Center Way
Unit #2
Naples, Florida 34109
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.vutact Us - Division of Consumer Services, DOACS
Page 1 of 2
Contact Us
6D
There are a number of ways to contact the Division of Consumer Services. For
general questions or consumer/regulated program related topics, please call our
toll-free Consumer Services Hotline at 1-800-HELP-FLA (435-7352).
Main Office Line:
1-850-922-2966
Consumer Services Hotline:
1-800-HELP-FLA (435-7352) - Florida only
1-800-FL-AYUDA (352-9832) - iEspafiol!
1-850-488-2221 - Calling from outside of Florida
Lemon Law Hotline:
1-800-321-5366 - Florida only
1-850-410-3788 - Calling from outside of Florida
Mail:
Florida Department of Agriculture and Consumer Services
Division of Consumer Services
2005 Apalachee Parkway
Terry Rhodes Building
Tallahassee, FL 32399-6500
http://www.800helpt1a.com/contactus .html
1/20/2005
~~..-..>
Office of Inspector General - File a Complaint WIth The OIG
Page 1 of2
, 60
FLORIDA DEPARTMENT OF STATE
OFFICE OF INSPECTOR GENERAL
INTERNAL INQUIRY FORM
Print and complete this form and return it to: Florida Department of State, Office of Inspector General, 430 E. Gaines
Street, Tallahassee, Florida 32399-0250; or fax the form to (S50) 245-6196; or email the form to
~m91 ~@ldos;,slCltf,:. fl.lJs.
_.--'_.'-'--_._~--._----_.,._----
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Name: I Nancy Colina
Home Phone: 1305-623-9407
Work Phone: 1305:-:623-:-9223 ext. 7108
Address: I
4530 N.W. 179 Street
Email: lncolina25@bellsQuth.net
Complaint Against: IGeo Arcia(Designers Home Group)
Title: IVice -.p:r~$ident
Division: IReal Estate
Bureau:
Regional Office: 121~il Trac!~ _Center_ Way Uni t 2
Work Address: 12820-22 Ayenue S. E.
Work Phone: 1639:-:455-9696
Specific (Please provide a detailed account of the complaint to include nature
Allegations: of the violation aileged, date, time, location, etc.)
See copy of complaint letter attached.
Witnesses1: IJose L. Colina
Address: 1 2820-22nd Ave. S.E.
Witnesses2: lorfelinaDelgado
Phone:K786) 232-2658
phone: k 239) 304-5383
http://www.dos.slale.t1.us/ig/complaint__ req uest.cfm
1 0/19/2004
6D
Jose & Nancy Colina
4530 NW 179 Street
tvliami GiLrdcns, Ploricla 33055
January 21 S\ 2005
Designers Home Group
Attn: Geo Arcia, Vice-President
2154 Trade Center Way
Unit #2
Naples, Florida 34109
Dear Sir:
1 am writmg to you concerning problems with the construction of my home located at
2820 - 22 Avenue SE, Golden Gate Estates, built by your company. On May 4th, 2004,
the keys to the house were given to my husband. I have made several phone calls
tollowed by faxes to your company and have spoken to your assistants, (Jessica and
now Jennifer), regarding problems we have encOlmtered with our home.
I. Water seeping through the fiont bedroom (carpet, fUTIuture and clothes ruined).
2. Front entrance on the beam to the left is falling apart.
3. Front left window is crooked (not done properly).
4. Water damage on the roof, front of the house on top of left window.
). Craters have developed over by the water filter system and under the concrete
(ground not packed properly prior to laying the sod).
6. Garage door does not close.
7. Door by the laundry rOOlll leading to the garage (gap under threshold).
8. Tiles placed wrong. Some areas there are cracks. Several tiles need to be
replaced, they're broken. Noticed during the walk through and was told that it
was noted.
9. Floor hiuuning in the kitchen by the pantry needs replacing (tmacceptable)
10. Telephone line in the kitchen does not work
DUrIng the early paIt of the Hunicane Season of 2004, we noticed that water had
6D
somehow came into the fi-ont bedroom. I called your office right away and told your
assistant that water had accumulated in the front bedroom. Your company sent out
someone to check out the problem. The only thing the he did was lift the carpet and
the padding just to verifY that it was soaked and was smelling foul, but nothing else
was done. He never even tried to find out what was causing the problem.
Your assistants assured me each time I called that the problem would be taken care of
that it would be fixed as soon as possible. No one else ii-om your company has made
an attempt to contact me to make arrangement s for a tirrle to fix the problems. The
roof still leaks and may cause further problelns to the bedroom" if it is not repaired
soon. I have had to replace the bedroom furniture, because it was falling apart due to
the amount of water it had absorbed. Clothing in tins room also ruined.
It has been over 6 months since I first notified your company of the problems I had
encountered and the defects I had noticed and till this day defects have not been fixed.
I therefore request that your company connnence repairs to my home within 14 days
of this letter.
I trust that I can count on your nnmediate cooperation to resolve this matter prOlnptly.
r may be reached at (786) 200-6464 to arrange a suitable time for repairs to commence.
Yours taithfiIlly,
?)(..-~" C) ~~"
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N aney q,olina )
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6D
Jose & Nancy Colina
4530 N.W. 179th Street
Miami Gardens, Florida 33055
April 8th, 2005
Designers Home Group
Attn: Geo Arcia Vice-President
2154 Trade Center Way
Unit #2
Naples, Florida 34109
Mr. Geo
I am writing this letter because it is very clear that your company is ignoring
my complaints regarding my home built by your company in Naples located
at 2820-22nd Avenue S. E. Golden Gate Estates.
You now have less than a month to fix all the issues we have pending. I
have made endless phone calls followed by faxes during the past regarding
the problems with the house. Your assistant Jennifer made (2) appointments
with me in the month of February. The first appointment was February 11 th
at 5:30pm your supervisor Frank was to meet me at the house. He did not
show at 6:00pm I called both of your office numbers and left a message for
Jennifer letting her know that he had not shown up. On Monday morning I
called Jennifer and she mentioned to me that she had just her my messages
and did not understand what had happened with Frank. Jennifer called me
later that day and set up another appointment with me to meet Frank again
but this time it was to be Saturday February 19th at 10:00am she promised
me that Frank would be there. Needles to say that he did not show up again
and not even a phone call. I left a message on your extension and Jennifer
regarding this matter on March 28th, 2005. I am still waiting for a return
phone call, it is very clear that I am being ignored.
Awaiting your response.
Sincerely,
C'."" -
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UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
6D
· Sender: Please print your name, address, and ZIP+4 in this box ·
Jose & Nancy Colina
4530 N.W. 179 Street
Miami Gardens, Florida 33055
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Designers Home Group
Attn: Geo Arcia
2154 Trade Center Way
Unit #2
Naples, Florida 34109
C. Signature
X
o Agent
o Addressee
Dyes
o No
D. Is delivety address different from item 1?
If YES. enter delivety address below:
3. Service Type
Xl Certified Mail 0 Express Mail
o Registered IX! Return Receipt lor Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivety? (Extra Fee) 0 Yes
2. Article Nurriber (Copy from service label)
7000 1530 0004 4211 7085
PS Form 3811, July 1999 Domestic Return Receipt
102595-OO-M.0952
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,tem 4 if Restricted Delivery is desired.
. !Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
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Attn: Geo Arcia
2154 Trade Center Way
Unit #2
Naples, Florida 34109
3. Service Type
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00 Return Receipt for Merchandise
DC.D.D.
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DYes
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P&EQ!lll.3811, July 1999 Domestic Return Receipt
10259S.00-M.0952
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6D
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so that 'NG can return the card to 'Iou.
w Attach this card to the back of the rnaiipiE;ce.
or all the front if space permits.
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o Registered
[] Insured Mail
[] ..bpress i\ilail
['1" Flelurn Receipt for Merchandise
[] GO.D
4. Restricted Delivf:ry? (ExtJd Fef3)
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1 02595~(JO-h1-0952
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BUREAU OF INVESTIGATiVE AND CONSUMER SERVICES
Office of Consumer Complaints
1940 North Monroe Street * Tallahassee, Florida 32399-0782
6D
UNIFORM COMPLAINT FORM
Please return to: BPR Investigative Services
1940 North Monroe Street
Tallahassee FL 32399-0782
Type or Print
Contact (other than yourself)
Your Na me: Nancv Col ina
Name: Jose Luis Colina
Address:
4530 N.W. 179 Street
Address: 2820-22nd Avenue S. E.
Miami Gardens, FL 33055
C<Iy SI8t" 2Jp
Naples,
01)'
FL 34117
Stat,.
Zip,
Telephone: (305) ~32-9223 1:l6~6 );~-6464 cellTelephone: (786) 232-2658
Your Oc;cupation: Human Resource
SUBJECT OF COMPLAINT
Name: Designers Home Group
PeJ'Sa1 WY.!/a Corroant'
Address: 2154 Trade Center Way
Telephone: (239) 514-5006
Occupation: Bu i 1 der
City: Naples
State: Florida
Zip: 34117
License # (if known): unknown
Have you contacted subject concerning complaint?
Private Attorney (if applicable): Pendi ng
Yes [!J No 0
D~e: see enclosed faxes
!J&17Y.!
A.dli'=
Telephone:
Cily SllOte Zip
Because of the Statute of Limitations, please do not delay in consulting with an attorney or initiating any actions to
preseNe your civil remedies in this matter. The Department cannot be your legal Representative. Matiers which involve
monetary recovery or questions of restn:ution for damages are civil in nature and should be addressed to the court with
appropriate jurisdiction.
Witnesses: (Please give full name and address)
Please see other side
, "fR eg S{XX}.{X)1
6D
Note: A O-py of this form will be sent to the SUBJECT of your complaint pursuant to 455.225(1) Florida Statutes.
Please gil'e full details of your complaint. Include facts, details, dates. Please attach copies of bills, documents, recon:
Gorrespon:ence, and contracts.
1) Hoof leak in the from beclroom, bedroom set ruined and several articles 0
clothing reuined
2) Carpet and baseboards in the front bedroom need to be replaced
3) Tie beam by the main door falling apart
4) Several broken tiles (noted during the walkthrough)
5) Baseboards need fixin~ and some replaced
6} Door frames need to be fixed
7) Phone lines not working
Florida Statutes 837.06, False Official Statements: Whoever knowingly makes a false statement in writing with the intenl
t~mislead a public servant in1A.e performance of his official duty shall be guilty of a misdemeanor of the second deoree,
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'~jgna)Gre (reqUirrettirfile c plaint) Dat6 '
C DEPARTMENT OF BUSINESS AND PRO FESSIONAL REGULA nON 6 D
(COl'.'TRAcrOR CASES)
PaRe 2, COMPLAINT FORM
In adcLitIon to your complete ,witten statement, we are requesting documentation of your contractual relationshIp with
the contractor and evidence supporting your allegations.
Please answer as many questions below as possible to assist us in investigating your complaint. Copies of any of the
IoHowi~ would be appreciated:
. Contract bet\veen you and the contractor
. Proof of payment to contractor (canceled checks-front and back, receipts, closing statement, etc.)
. Building permit, permit application, notices of code violation, certificate of occupancy: if available
. Li. ens, judgements and notices to o.vner including copies of related work orders, bills, subcontracts
. W 2ITanties
J. I am complaining in my capacity as:
X Homeowner Subcontractor Supplier
Owner of commercial structure worked on by contractor
Building Dept
Contractor
2. Check the category that best summarizes the work the contractor did for you or that you were involved in:
x. Built a house Built addition to house
Remodel house Built commercial structure
Remodel or built addition to commercial structure
Re-roof entirc house Roof work, commercial
Re-roof or repair part of the roof of a house
Built a pool at house Electrical work
Air-conditioning or heating work at residence
Other, as follows:
3. Please circle the letter(s) faT the category that best describes your basic complaint:
o Poor workmanship by contractor
~ Job finished, but contrac~r \vill no~ correct problems
\~ Roof leaks, contr~ctor will not reparr
d. Contractor failed to pay subcontractors/suppliers
G;>Contractor t:aIcing unreasonably long to do job
f Contractor abandoned job
@Financial dishonesty/misconduct by contractor
BASIC BACKGROUND DATA
4. Was contract in .vriting? ~ Yes
5. Contract price: $ 1 ~1 J RRO 00
6. Approx. date work began: Unknown
7. Is the worksite located inside city limits?
8. lfyes, name of city: Napl es
Q. What County is \Vorbite in? Collier
~ o. Street address of worksite: 282 0 - 2 2 n d
No
see
enc 105e(1
Date on contract: 0 ;1 / O:i /O:i
Approx. date work ended: Unknown
No
X Yes
Avenue S.E.
/.
-n",c questions may ,clate lD building code compliance by the oanuactoL Please answcr these questim~ to the best o? D
ytur knowledge.
1 L Was a permit obtained from the Buildi.ng Dept.?
3. lfno, was a pcnnit requlred? _ Yes
b. If yes, name of Building Department:
I! Permit Nurober: unknown
1 J Final inspection passed? Yes No
1 .<l. Who pulled permit? Bu i 1 der
1 j Certificate of occupar..cy issued? X Yes
1 () Was tbe permit obtained on time? Yes
1 7. Were any inspections missed or performed late?
L:3. If certificate of occupancy was not issu~ why?
x Yes No
No
Collier County
Dale issued:
No
No Unknown
Yes No
Unknown
FINANCIAL QUESTIONNAIRE
19 Total contract price: $ 121 . 860.00
20. Total paid to contractor: $ 121,860.00
21 Vo.'b.at is actual or estimated cost to finish the job if you hire another contractor? $
Attach estimates from licensed contractor.
22. Have you had to pay subcontractor or suppliers directly?
If yes, how much and why? N / A
23. Are there now lUlpaid bills owed to subcontractors or suppliers which contractor should have paid?
24. What is the total of such unpaid bills? $
25. Did contractor sign any statements to the effect that all bills have been paid?
26. Have you fired the contractor? Yes X No
27. Has the job now been completed by you or a new contractor?
Unknown
Yes x
No
Yes No
Ufi1IT1 own--
Yes X No
Yes X
No
WORKMANS~
28. List the 3 won;t items you arc complaining about; that you feel are substandard and/or the contractor will not fi-x.
Use a separate sheet if needed.
Roof leak
Tiebeam by the entry door falling ~par~
_s;.~rpet and baseboards in first bedroom need to be replaced
29. Has the contractor offered to make repairs? ~ Yes
30. Has the contractor made attempts to make repairs?
If yes, how many times?
31. Have you had any other licensed contractor, architect or engineer inspect the '"\lark?
Tfycs, ple3se furnish a copy oUhe report.
No
Yes X No
_ Yes ..x.... No
Florida Statutes 837.06, False Official Statements: Whoever knowingly makes a false statement in writin~
with the intent to mislead a public servant in the performance of his official duty shall be guilty of a
r;;,n:;;~se(t>;~a~~ ; ,~b~/L>S
.I s~.tum (roquircd 10 file co"'l'hinl) , 10.1<
,
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6D
'Ie
Proposal Submitted To:
NAME: NANCY COLINA
ADDRESS: 2820 22ND AVE. SE
CITY: NAPLES
HOME: (786) 200-6464
CELL: (239) 000-0000
ST: FL ZIP:
WORK:
FAX:
34117-
(239) 000-00OO
(239) ?0o.oooo
Prop(Jsal~oBII: J-I0145
i JOB CON1'ACT: SAME
JOB ADDRESS: SAME
JOB CITY: NAPLES FL ZIP: 341l7-
SCOPE: BOTH V ALLEYS OVER FRONT DOOR. SEE PICTURES.
JOB TYPE: SHINGLE REPAIR
Saturday, June 25, 2005
HE IIFREBi SUBMlrSPfCIIICATIO:VS.LVD ESlfMATES FOR
1: COMPLETE REMOVAL OF THE EXISTING ROOF SYSTEM IN REPAIR AREA.
2: REMOVE AND REPLACE ANY AND ALL ROITED ROOF SHEATHING THROUGHOlIT ENTIRE REPAIR AREA. "'NO EXTRA COSp*
3: DRY-IN USING #30LB. FELT PAPER, NAILED, TO ENTIRE REPAIR AREA.
4: INSTALL NEW VALLEY METAL DOWN VALLEY IN REPAIR AREA. FASTENED AND MASTICSIZED.
5: INSTALL STARTER-STRIP SHINGLES AT PERIMETER OF REPAIR. FASTENED AND MASTICSIZED.
6: SHINGLE REPAIR AREA USING SHINGLES MATCHING EXISTING ROOF SYSTEM AS-CLOSE-AS POSSIBLE, NAILED SIX (6) NAILS PER SHINGLE.
7: CLEAN UP AND REMOVE ALL DEBRIS. USE MAGNET TO REMOVE FASTENERS FROM lAWN.
8: ONE (l) YEAR GUARANTEE ON ALL WORK PERFORMED FROM KELLY ROOFING.
9:
Hi:
17:
18:
19:
20:
WE HEREBY PROPOSE TO FURNISH TIlE ABOVE METlONED SPECIFICA nONS FOR THE SUM OF:
--_._~._-.-._-,..__._..._---_.---_._-_.__._'-'.'-- --~..__.~----
THOUSAND NINe HUNDRED SIXTY DOLLARS OOIXX
wrm PAYMENT MADE AS l1OLLOWS: %50 DEPOSIT. %50 UPON COMPLETION
Joe Kelly
Sales Manager
JoeKelly@KellyRoofing.eom
10:
II:
12:
13:
.t':.,-;:"
Kelly Roofing
www.KellyRoofing.com
Cell: (239) 253-7353
Office: (239) 435-0014
Fax: (239) 435-0019
~lo!~~~~~J
dll wort to bcocmple$ed irl II Wl"lI'bnulitemanct,.y li'tI:nlion:s<<deviItion frun llboYe ~willbeCll.el:Uted ooJy UJlOO wrinm or ,,'1:!"baI urdc:rs. D'Ad...tlt become an c:Ktramar8'O.-b:.'l'Wtcstiatllk CODtfacror ~ thcripl todtJlnscaay oflbc abm'\':~liC8IK)ll!f
Non-...isiblt: and/or structural are3 DOC indudcd. in ~ CmbadU' wortmcrubip. gunnotcc. .. "'........,. docs DOl iw;:tudc ~ to- huiIdiug or- CIUItIats; bd'OR:. dI1ting ur- af\I:r ~_ ~.. ~ or gulifacd fa moW.looatiog. ahllk:mc:Ql, nK'Ild pHl('K:
area detection. andhx.y related ~ CUIttnId 'COid ifroor.,sysIan i.vadlM:reddit"cPly wdcck ~OI'appticdll5lq:coklpru:D!i$rtdiDt, Cont.rad;priaei:aa'cacd in wUttlc lIlafld~by ~ rmatcrMb a)!Ib~1 S%Cll))Cdo:I priOC!lt(~sarne cxlcnt.
All DfP:emamt$a:mtinpt upon$lJ"ikc:s.. ~~ ~(W""'5tq.od.ourmntrol_ AJJy di'fUcwiR bcA9:ltw:dia bind:m~ mcdi.bon ldy. Upon ~ cI'flIUIi:.. tInplId ~'WitI bedJarpod Mtrat, coIlactico fa:s, 811drd8kd~. Waminy.: failun:: lopay
o.mtracror m.ay result In . lieD aga..i:b$l JUfJI" p-opert:y_ See web site; WWW.kdJyrool"lDg.oom,Cf brocbUfO for fuB ~ l.h~~ nol i..oc:ladaJ hc:rc 00l fully. put ctftbi.s ~t
A UTHORIZED SIGNATURE:
ACCEPT ANCE OF PROPOSAL
THE ABOVE PRlCES, SPECIFlCAll0NS. AND CONDITIONS ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO MAKE ANY CHANGES NECESSARY. PAYMENT WILL BE MADE AS OUTLINED ABOVE
HATE:
SIGNATURE:
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-c-z.gD5/SEP/07fWED 11:47 AM PAULiCH SLACK V10LFF
FAX No, 239 261 4190
P. 001/002
! 6D
rrtU Law OjjU:es if
Mageti 'E. !l(f,<<am, P.51.
5147 CaStello Drive
Naples. Florida 34103
(239) 643-1152 (239) 64-3.1193 fax
Fax Cover Sheet
To: NANCY COLINA
From: Magen Kell~
Fax: 305-907-3587
Re:
Date: September 7.2005
Com.ments:
I spoke with ~ Arcia this morning. The following is a summary of our conv.ersation:
e He acknowledged that the roof was never completed and informed me the roof.was his
first priority (to prevent any further Vjater leakage into the home)
e He intends to commence work as soon as possible so that all of the repaiIs can be made in
.a timely manner .
ljl As soon as the outside repaL.-s have all started, be will begin with the inside repairs
(including taking measurements to have the carpet replaced, dryw-all repairs, new paint,
and baseboard repairs)
ljl He is also in the process of contacting any required subcontractors to initiate any repairs
that he cannot complete himself
.. He will deliver a repair proposal, in writing, to my office ASAP. This proposal.will
include all planned! required repaii"s.
. .
Once the work is compiete, we will need to have an initial inspection conducted. It is veri
important that we determine whether he has adequately repaired your home or ifhis work was
just a ~'band-aid." After the wOIk has been completed. '9,.e will:request that he provide us with an
extension or the warranty on YQUl' home for any work performed during the repair period (that
way you have protection should the repairs be iriadeq\iate).
He mentioned that he requested that you contact the Dep.ofProfessional Regulation to address
your, foTIIler complaint That, Nancy, is up to you. As long as he completes 1he necessary work
on your home and :restores the home to its ''pre-defecr conditi~ I do not: see a problem with
accommodating his:request. This shouid only be. done after we are assured that the repair.-s are
sufficient .
'1-
;U5/SEP/07fWED 11:47 AM PAlfLic-ti SLACK WOLFF
FAX No. 239 261 4190
P. 002/002
6D
Please let me know if there are any concerns you have that were not addressed by th.8 above
hlformauon.
Magen
- ,
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DISCLAlMBR.: This fax mesaage and any ~ are privabl commumcaticms seot by a-Jaw fiIln. T"ne
Law Offices ofMagen E. Kellam, P .A, and may contain confidemial.legal.ty privileged infurmation meant wlely
for the iutended recipient. If you are_ DOt 1M inteDdod recipient, you. are hc.'"Cby notified that any use, dissemination,
distribution or copying of this commUlUcation ii strictly prohibited. Please notify the sender immediately by calling
the office at the number listed above, then discard 1hi$ fax and any attaCi1U1e:J1ts. Th.ank you
\.
"
6D
Jose & Nancy Colina
2820, 22""Ave. SF
Naples, l~lori(la 34] 11
August 10th, 2006
ConSlUl1cr Complaints
.\ttn: Holly Thomas
Senior Consumer Complaints Analysis
1 940 N. Monroe Street
Tallahassee, Florida 32399-0782
RE:
Su~iect:
Case No:
Pablo Emilio Hernandez (J)esigners Home Group)
2005025398 (Construction Defect)
Dear Ms. Holly Thoma"}:
Enclosed is the New Uniform Complaint Form completed. I am also sending copies from Keny
Roofing, Pro-Lab (Mold Analysis Report), complaint report sent certified on OS/26/05, contract.
proof of payments, certificate of occupancy also a copy of an advertisement from the Naples Sun
TilllP
Yours tili thfuI! y ,
~.-~- .. ~/.-~) (~."-~~._-~--~),
71 .f l/ /";-""'"
/// / M A A f'jo(}" ..; I..~)
(,/ ,I v..... v/::-:)._\......__..___.t-J<~.~
NancyfColina
:..<-_.....,,-,,>^~..,"-'-._-
6D
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BUREAU OF INVESTIGATIVE SERVICES
Office of Consumer Complaints
1940 North Monroe Street * Tallahassee, Florida 32399-0782
UNIFORM COMPLAINT FORM
Please return to: DBPR - BIS - COMPLAINTS SECTION
1940 North Monroe Street
Tallahassee, FL 32399-0782
Type or Print
Contact (other than yourself)
Your Name: ~~~~~l~~
Address: ,.:::;2 51 ll'l...l. ~
Name: -.::sc>'O~ Lul'~ 0~C::.\~nc
Address: ~;:.?"">. - ~<<'<.\Au~ . ~E -
t0~le...-6 i ~L- ~4: H:'"J
Cr State Zip
Telephone: ~):J5.~~.:R) (/.s"5<:5~
. Business Residence
Y our Occupation: U/A
J...:)G~\~ f:L -c.q 1 n
Ity State Zip
Telephone: (T8lD) dOD-(d.l~
SUBJECT OF COMPLAINT
Name: ne.~e.r"O \-\UiY'\e. G:u-~p
P . nd/or Company
Address: \""1.\'1\ f' ("".....At=> Ce.t<t.e.r W~
~......~~ \Q
~j~: ~~,g;~~
Telephone: (,;) ~~ "5 l4 - "5oa to
Occupation: ~'-.l~\~
State: ~\D'~~
License # (if known): ~)f'\.~~~r'\
Have you contacted subject co~ceming complaint? Yes: 2{. No: _ Date: :.>ee Lcv~e? .
Private Attorney (if applicable): :S~~et"\ \4nci~ 2~- U........ ~.; "5'U'i;\e.. .::;)D::,)
\J~t-e~ ~L ~qlCG Telephone:G2rt)~ 115-,;1'1'08
ity State Zip
Because .of the Statute of limitations, please do not delay in consulting with an attorney
or initiating any actions to preserve your civil remedies in this matter. The Department
cannot be your legal Representative. Matters which involve monetary recovery or
questions of restitution for damages are civil in nature and should be addressed to the
court with appropriate jurisdiction.
Witnesses: (Please give full name and address): :"\~~e L" C-~ \ ~~. (J ~<.:..~
Q.a\"t "-~ \ O-c-.(:eXt'rv.3. U e-~~~~ j ~e::.~~E?- '"-De\~d~-~
Please see next page
OBPR/REG 8000-001 (5/00)
6D
Note: A copy of this form will be sent to the SUBJECT of your complaint pursuant to
455.225(1), Florida Statutes,
Please give full detaifs of your complaint. Include facts, details, dates, Please
attach copies of bills, documents, records, correspondence, and contracts,
"\' R. ce:..{\ \ e..o....'c- ~ "'- s:;<-~ r\"\ b erl-~~N"\. ~ l ~ J't ,^-<::::il. ("'t:.~"'"' Q..r~Q.... -S) '\:)e-
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Q2 Q e "",-<-0.1 r, """ t-<;:>.-.. --h ten (n"'-\~ c\ u.-"< n"J 1..>.'\<0. "- ~""~"'-
Florida Statutes 837.06, False Official Statements: Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his
~~~I duty shall ,~~~ilty o!;~ ~isdemeanor of the second degree,
'-:< I .' 1...... .'.. r--.
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,.If ,/1 ( \.. '~I<..~ ~llb~D<P
Si9~tu~~edt "lie complaint) Date
"'-.'.........._.._-~- ,-~)
How did you get this Complaint form: (check one)
y' Toll free line
Wilma Task Force
(850) 487-1395
Other .
Punta Garda Bldg Dept
If this is hurricane related, which Hurricane: (check one) D I A .
Charley
Wilma
Frances
Jeanne
Ivan
Dennis
} 6D
D EP ARTIV1Er~T OF BUSll~ESS A~~1) PROFESSIONAL REGULA TluN
(CONTa.ACTOR CASES)
Pa2e 2, C01\1PLAINT FORM
In addition to your complete written statement, we are requesting documentation of your contractual relationship with
the contractor and evidence supporting your allegations.
Please answer as many questions below as possible to assist us in investigating your complaint. Copies of any of the
foHowing would be appreciated:
· Omtract between you and the contractor
. Proof of paYment to contractor (canceled checks-front arid back, receipts, closing statement, etc.)
. Building permit, permit application, notices of code vlolation, ev--itificate of occupanCy: if available
. Liens: judgemeirts and notices to owner including copies of related work orders, bills~ subcontracts
. Warranties
1. I am complaining in my capacity as :
)( Homeowner Subf-.ontractor. . Supplier .
Owner of commercial structUre worked on by cOm;ractOr
BuildUig 'Oqn
Contractor
2. Check the category that best sunnn.arizes ~work the contractor di~ for,Yo~ or;that YOQ\y~P involved in:
)( Built a house
Reinodelhi:mse .
Remodel or built addition to commercial structure
Re-roof entire house
Re-roof or repair part of the roof of a house
Built a pool at house
Air-conditioning or heating work at residence
Other: as follows:
Built addition to house
. BWlf cO~riie:J;cia1 stt'u.qtur,e
:
Roof work, commercial
Electrical work
3. Please circle th~ letter(s) for the category that best describes your basic complaint:
fi> Poor worlananship by contractor
(b) Job finished, but contractor will not correct problems
Q Roof leaks,'coritractOr win net repair
d. Contractor firile<i to pay subcontractors/suppliers
@ Contractor taking unreasonably long to do job
f Contractor abandoned job
(i) Financial dishonesty/niisconduct by contractor
BASIC BACKGROUND DATA
4. Was contract in writing? )( Yes No
5. Contractprice, $ \d\ ;S(o()
6. Approx. date work ~egan: \J~~N
7. Is the worksite located inside city limits? X- Yes
8. If yes, name of city:. ).) ~ \.e.::";1
9. What County is worksite in? C!.- 0 t \. ~ e 'C
10. Street address of worksite: rl~C - ~::")~
Date on contract: ~l~ \~
Approx. date work ended: U (:\ ~b~t"'\
No
A\}Q. ~ E
."')'
6D
Thes.e questions may relate to building code compliance by the contractor. Please ans"!er these questions to the best of
your knowledge.
11. \.N'as a permit obtained from the Building Dept.? L Yes _. ?-lo
a. Ifno. was a permit required? Yes No
b. Ifves. name of Building Department: C~\ \ ~ e...- 0c--.u ......~
12. Permit Number: ~t'\%:-n.t::.\.Uf'\ Date issued:
13. Final inspection passed? ~ Yes _ No
14. Y\'ho pulled permit? "1:::>.,j~{d.e"
15. Certificate of occupancy lssued? ~ Yes
16. \'Vas the permit obtained on time? Yes
17. Were any inspections missed or performed late?
18, If certificate of occupancy was not issued, why?
--
--
No
_ NO\,,)n"\:..no~n
_ Yes_No 'Vn"-r-.c.~......
--
=
-
-
FINA::N"CrAL-OUESTIONNAIRE
-""'-
19. T -otaI contract price: $ \.;;l. \ "i? iDe> ~tx:::>
)
20. T()ta1 paid to contractor: S' \,:::;} \ , ~lot").~
21. \Vh..at is actual or estimated cost to finish the job if you hire another contractor? $
A.ttach estimates from licensed contractor.
22. Rave you bad to pay subcontractor or suppliers directly?
If yes, how much and why? OIA .
23. A..re there now unpaid bills owed- to subContractors or suppliers which contractor should have paid?
24. What is the total of such unpaid bills? $
25. Did contractor sign any statements to the effect that all bills have been paid?
26. Have you fired the COntractor? _ Yes L No
27. Has the job now been completed by you or a new contractor?
'-,) ('\ 't:... no""'::) ('\
_Yes~No
Yes No
u....'<-~l"\
_ No un ~n t::.<.,.) l\. ,
Yes
L Yes_No
WORKMANSHIP
Zg. List the 3 wo~t items you are complaining about; that you feel are substandard and/or the contractor will not fix.
Use a separate sheet if needed.
:~~~ii~l~~;~~-\ 6~dC<>b", ~ \~'c~,,~ ~";"~",0q~,;,"'<:
29. Has the contractor offered to make repairs? ...,A... Yes _ No
30. Has the contractor made attempts to make repairs? _ Yes X No
Ii yes, how many times?
31. Have you had any other licensed contractor, architect or engineer inspect the work? _ Yes..x... No
Ii yes, please furnish a copy of the report.
Florida Statutes 837.06, PaIse Official Statements: Whoever knowingly makes a false statement in Writing
with the intent to mislead a public servant in the performance of his official duty shall be guilty of a
mi~meanor of the se~9R~degree\:-,,,,,--..
--;r7 ./"\ ! V /' '-..)'\
,/,;/ if t.r;) A j ~_: j '~
/.,./ t'~y_~
i> I / \ Sigmruro (n>quircd to file ",,~I..mt)
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6D
f · 'I
PRO=LAB1SSPTM iNC.
.Oif F:ree: 800-42?-QS5Ci
~~?'5 j\Jorth Con1merce PafKv"/ay
. /';:~~ston. Florida 3~J~)26
Mold Analysis Report
NON-VfA8LE Spore Trap M5
,i\nalysis tAeHlt::-o SSPTr~' S()P 61 '10
T t:st Addre~;
Cnljnn - 2520 2.2 ;'1.v;;; S. l=..- Na pies,. FL 3411'}
KepOJ-t N UIT: ber: 031000-0096
ftel.:eived ()ate: 3/LG/2DDC';
Repor-t Date: 3/U/2G06
~A ~f::nt
Jo.fu-l 2). Sp..ane
En\/Ironrnentai Tastinp .i1.qen( Y H1C - C:.2pe C~of.at
1511 SE 47 Ten"
..;-~)rH': D. Shane Ph.D. qA.
C~ornITl€ntS:
lJEE{FeJS. jY1()!JER/~\T
Cape (:cH-alt FL 3390.'~
1J{'t:one.:
(239) 340--0/.:.jCt
~-a)(:
Emai1:
(239) S41--14Sr~
r:noldtesttl1g@;;!crthHnk.iY.:::l'.
Pr.{)-Lab NUfl1be-r~
Date CofleC1:.e6:
Collection Location:
S"~n'1pie SHblnittt:~d::
Volume (L):
Serial ;:t;
031006-0096
3/9i20C'5
BEDRC~()r\.l1
0;:;'1005-0095
j\~1!C~f{Q :3
C: trT f.) 1 [) !::
,':::J
MICRO ;5
":~::6-2 72
.25
~:i D().r~ i (.1 entif~c~!tJ on
426292
Ctner l~scosp'();~e5
Raw Count SlX'j~S ! M:~ Raw Count SPQles 1M;:,
-_.-...~"'--r;"-----r.---~~) -------i-.-.-----~I--_.-.---r----..-~4'fl-"-----.--
~ 1 . ! , , . ,~
' IJ I "' I J '-.i)
. f \..'"..,_
"- J ee '10
400
80
2';0 .
65
J:,;t;2,-r1Dr;~
6ip:Jl~.hi5/Dr(~ch:; ter'.:=,;
;'=!3C-CS~)OfjUrn
~:"......,.:",.
III
~":<in15GOr3
Q
~.:,-:_~.,.
o.
2500
o
120
<]
l
-j
,
!
.~;.;(Vl.da ria
:rJ!CGC,:utD
::;
Gthf:r Basidl'o'Spores
.... -,r:
.i ~_ t)
Pe n ~cil ii !H1111~$pergi:ijus
o
[)
n
Smuts.. li1"(XOrtlYCE:t!lS
3~1
--,
,gO
Unifi H~.ID;lcn.~vc~;t'2:S
D
1.560
G
440
-:':>taf Results (Sp(.)res / !-.~3)
... i ,.0
---.-..---,-___-.w..-__~__
:~S20
I
I
I
__,__~l
l20
240
3750
j
L3ioln9icaI Partfc~j,.JS
~.-=eHuloSE: i"=ibef'
Ra;v CCiJnt
Paf"tieies i '.13
f~av.; COI.fn-t
Part~c hr.: s j ,.11:5
~:;oHen
.,~ "j-'
'l"iU
BD
Ft3 nt Fragrnents
160
.:10
..q()
~~najY'SJ5 [late: 3/13/.7-:.00f;
;\naiysis 1D: I:}
",...dvsb Clate; 3/13/2006
Ana!~ysis 10: 13
06 09:2:~,::
6D
PRO-LABfSSPTM INC,
Mold Analysis Report
NON.-V!A8LE Spore Trap M5
"';;;-n3tY2~!~ 1~1f~thed SSPTL'i SOP '3-~ ie,
'! S?5 i'JOlih CornrnerCB f-=->ark\;vay
F~o[kJd 33326
f- aH f':ree: 800-~+27-055{)
C-cdlna- 2820 22 _:J..\,,'~?: S i:: :'<:2P~2S~ Fc Jif i ~ i
T'i;:st Address:
~ej:~OJ-t Nurnber: 031GOf-OO-g(~
Recei'tJf.?!!1 Date.: 3/10/2006
r{ep(}~-t J,).ate: 3/13,/2D06
.h;1t!;Jl!
:l.eit~t :1)_ ShaRf>
i::nv:ronrnentai -f'esLfnq .6.qenc'-,,/ 1;"1;(:
1511 SE 4-7 TF_~r'-
LarJE CoraC FL 3390~
(;'ornr'i"t'2nts:
;O:-H! D. Shane Pn.C_ 0/1.
(.~'apt:\ :=OCd!
DEBi~I-S r1l10DERj\TF:
f:ib:vne;
(239; 3.:+-0.'0'/4-";
Fi~X :
(239) 541-1456
t:rrtal1 ;
;nQkJt~stin9 @ezn_hiH1!-.:. ~n1;;t
'-----'-~~"".._._-,.---~-"-----_._-,,~_.._-----,..__._----.----.--'--.-----------.--.-...
,'ile fCliGwing fungal dsscnprions are pe;1:1n,"ilt to samples cnli(:'CL,"d. G0r;(':17)) cl1ar-acten?'atjon of mol,] "5 maCe c':ith ['€:Spect ".
U,ei, most COfnr;l{}r1 im(.,act '0 hUffi2n health. '-!an/ uenerc, cf male!,; hOVE sPecies' with \lar"Yi~9 cha,-acte,isti:::.'i
----_.~
---~-->---_._-........._."'_._-_._-
~---"_.".,_.,-------..-------_.
"----
S~)ore r,{an1 E:;:
Desc"i;:Jtion
/-;L TEP.Nf-"..RL;
--."--.--.-------------
:JTJ~E:R /\SCOSPORES
EXTF,EHElY \VIDESPHEAD AND UBIQUrrOus. OUTDOORS IT NAY BE ISOLATED FROM
Sl-\.f.1PLES Of SOIL, SEEDS, AND PLANTS. IT IS CO~.1r')ONL Y FOUND !N OUTDOOR
S'\I"lPLES. IT is DFrEN FOUND IN CARPETS. TEX'lL':S, '''ND ON HOE;;;::ONTP.\
SURFACES IN BUILDJr-~G fj~Tf:'fUOR5. CJi:'Tt:!{ FOUND ON '//lNDOW !OHAtv1ES. IT ('iN,' "I;
RELATED YO Bil.l<ERS ASTHfiiil. iT Hr,S 3Ef::f~ AS50Cl,t;TED WfHi !-1YPERSEN5ITiVJTi
i'r"Eut-~Ol\llTI, SINUSITiS, DERATO\'1YCOSfS. mNCHOt'1YCOSrS, SUBCUTANEOUS
PHAEOHYPriO;..rYCOSIS. ,tl,ND INVASIVE iNFECtiON. C(H-:NONCil,\JSE OF EXTRiNSIC
ASTHI-1l, iH-1t-1EDll\TE-TYPE HYPERSENSIT!,riTY' TIPE l). AClrn: SYf"PTONS !NCLUDE
EOEl'-iP. AND 8RONCHfOSPASNS; Ci-j!{OoNiC CASES r.1AY DE\fE.:.OP PlJU-10Ntl.RY
Er,;iPHYSef'''1A~
-----_._-_.---_._-----------~._-----
8rpOL~.R~S/DH !:CHSLER,~
';)NE OF T;'it t-iAIOR CUl.SSES Of :'::UNG;",L ORGJ\'.HSi'lS THIS CLASS CONTi\mS 'j HE
-----------~<-----------_.-
CU~'l-.DOSPDR.IUr"l
,', 'NliJESFP.EAD FU';GUS TdAT IS t.iOST fLY ,';SSOC1ATED '.'VITfo GRi\S5E:S
PUZNT .'V1ATERfAL, ,"'NO SelL. HAS /o.LSO RfFORTED AS M,r lNFREQUENT p.GEN,
OF P~AECH-:YPr_~O('~lYC(JS.1S, PJ~\Rl]CULl\H:_"f FUI'JG-r~,L S1NUSI1"1S_ IT Ci\N
OC":P,SID.-t-l;.\LLt' Lh0'Sf j.~ CORJ'JEAL JNFECT!'ON -CiC-r]i5. EYE.
-------
7, ;'olAY Cr',USE CCWNEl\! li>lFEI.::-nONS, ,'WO:TCHP, ."\(-1D INFECnOf45 IN Wit.iUNtO
-.----__,__-:=Or,1Pf:OI4I~&~____.__,__.___.____________._______.._____.___
CONi-10NLY FOU,',;!) or, DeAD i'lL/,'\ITS, WOODY PLANTS. FOOl:, STRAW, SOil, P,'Ui\lT
,oN!) TEXTlLES, C011!'1Of-; CAUSE OF [')(fRlNSK .ASTl-iNA (lr-IMEDfATE-TYPE
~1YPER5ENSITI\frry: TYPE l}. AO.JTE 5Yr~lPTOf,'1S rNCLUt)E EL1E~1A. l~if~JD
3RDNCfjW SPAS r1~~diBONJC CASES ''1~::_QSVE~.LLJ'.iQ!:l.f., R y ElviJ~ij'::(2l10c__.~____
--.-------.-.--------......--------.----------.?--
CURVU LA RIA
EPICOCCUf>i
/, COHr<10N '\LLfRJ:::eJ FOUND iN PlM,iT:::" SO!!.., GP.P<lNS, TEX'nu:s.. AND FAPER
PROD~ICT5, SECONDARY INV.'''IDER. OF DAMAGED PL;;r~T }ISSUE. C01'-lMON Ct\USE OF
TYPE! fi.LLfRGfES (H{;.Y FE\!ER. ASTH l\-i A). NO CASE'~ OF tNFECTlOr\~ H:..VE: BEEN
-------~----_____.:qEPOHTEO IN ~t..:....H'J},,\NS on t\t\Hf"'U\t,S_ ~._________
fO},1GROSP{)R;3.
._---~_._--------------_.._-_._._._..__.__..^.-.-._.._----'--~'----~-- ~.__._._----_.._--_.~----~---
UNE OF TliE ,'U'JOr. (]JISSf5 Of FUNGi\L ORGJU\'E~MS ilUS U_p,SS CONTi'..!",.5 J:'"
t~HJSHr.sQor,'?...: SHELF FUNr.:;l, ,[)!jFFill?.i.) <;. AND A \fARZs.J.'{ Dr OTHEP EUJ'\.1(-;~
~(AHEL" FOUND GRO\V1NG ,NOOORS, QFH+ FC'UND ON DECAYiNG PLANT i-V\-rr,YU;L
100ND SO; 1.. COi'1f'/ion ~J\LJg~,O'=...IYi>E l.JH.LERGE.5.iHX,-' t.E\jt!:ec.J~ST~~.________.__._
------_._-.._-_._~-------_._~~--
OTHER BASIOl()SPORES
l----
}'~dQ~~- ~:.
~' 06 09:2;:,,_
6D
PRO-LAB1SSPTMINC.
Moid Analysis Report
NON-VIABLE Spore Trap 11.15
1675 North Commerce Parkw'ay
\lVeston FJorid.a 33326
D!! l=ree~ 800-427~055C
/~:';-aiY$is tJiSUll..>:'J 3SPTfA SOP f.}110
Test A.l<irt;L.?,,':i',;,
Cofjna- 2320 2i~ A-...;e s. E., i\;aptes, FL ).:.111-/
F<""port NUffl ber: Ci3:W06-00S6
Received t)ate: 3/10/2006
ReUC'i't Date: 3!lJj~:J[;,~
!':lLent
,- e -- (;.. SL--
'Jtt-un -L'_ Twne
~Olln D. Shane ?h.D.~ Q/:;
t";urnrll.B'.nts:
t:riVlfOnrnentat '.res-Ling A9-encv Inc.
1511 ~3E 47 -[err
Cape C:oral! FL 339C):~
C.~ape C.QraJ
DEBRIS MODERP-:n"
Pi1on(~; !Z39} 340 -074-1
'-ax: (239) 541-JA56
Email: moldtesting@ezllth,ll,k_ne,
c>6-IIC fL U U r>1/~5P cRGfL LUS
THIS GROUP OF SPORES IS cONsn.:5ERED COf'HJ!ON TO INDOOR ENVmONr.J1EI"TS-:----
CCt"lt'10NLY fOUND !N SOIL, FOOD, CELLUl.OSE, .I\ND i,ISO CONSIDERED _,~, CO"-lNOi"
CONTAr-mJ,cJ';T OF fOOD. fT IS ALSO FOUND IN PMNT i:l.ND COJvlPQST PILES_ n i"li},Y
CAUSE i-fYPERSEN5!l'-iVIT'r PNEUMONITIS i\ND re,LLERG~C AL';,JEOL1TIS It'<
SUSCEP1TSlE tf...tDi\/lD~J-r~L-S. COt.ll~'\Or~ G1.USE ()~ E:XTPlr-,tS1C i''\STrH~1A_
(If'lHEDl.!\TE-TYPE ;-[Y?ERSENSIT!VI!'/: TYPE 1;_ f\CUTE SYV,PTOMS iNCLUDE EDEl"'''''
;\NO BRONCrlICSPAS!-1S; CHRONIC CASEs '4AY OEV:::UJP' PUU"lONARY Er'1PHYSEHA.
1>1ANY SPEGES PRODUCE l"1YCOTOXINS, WHICH HI\Y 8f 4550CIATED '..'1iTN
D!SEASE iN HIJr.U\N5 /;ND OTHER,\Nlt--iALS. TOXIC PR.ODUCTION rs DEPEi\lDENT ON
Tr~f. SPECIES cr~ II STnl~H'l \ijI;HJN ;., SPCCIES .,~t~E, ()i\l THE,' FeOD soun.CE FC.R T:-,[
....-------~-----------_.__.__fUfililJ;;.c...,__.___________.___..____..___________.________.___..___.______
SlVj UTS, i"~1...r){ONYCETEs
CO i'\1fw10Nl yo FOUND ON CEREi\L CROPS~ GRt:l.SSES, \r,/EEDS~ OTHER fUN(:;t AND Or,!
OTHER FLovn:RING PLA~:J--rs. OCCJ\SIONi\LL'r' FOUND lNDO(}HSA NO tlEPOHT5
fiLiI',^', INFECTlO!',.
r
UrnD HYPHOMYCETES
ANY OF THE Tr-lREADUKE PARTS PDSSESSED BY r"iANY FUNGI THAT FUNCT]ON IN
f>lUTiUENT ABSQRPTiON AND TRANSFER. ______________________
;...laq,:;'
25 uo 09:l..:.,:.
,~,6D
PRO-! ABlSSPTM INC.
Mold Analysis Report
NON-VIABLE: Span" Trap M;';
-(5/'-5 Narrn ComrnerGe Park;N3Y
\/Veston,F':k)ftda 3::332E
~roH Free: 1~1GO-42'7-055C
.~j.ni:Hys;~, .q~H10~j SSFJT\j S(.:P 61
_J.}t~t "4(jdre~
:-~oiina- 28.2022 l:.ve:~ C f'Jao!es. fl 341;
Report Nun1!ber'; 0:::: I 006-0095
Received Date; 3/IO{2006
R}~pon [)ate: 3/13/2D06
_Pien!
.':l{{ft~'t :lJ. "S'natli:
)Gt~il LL S;)iH--:e Ph,D.J r::ti\
:....:c:.rnrnenrs.
~,51.l SE d:1 Terr
En\l~ro.nrT'le:nta; 'Testln;:] !J...q2fIC\ 11}C
C~o;-a}
DEBRIS MODEFU-",Tt';
':'30e (-=(>r~d7 F~_ 33904
Phon'e:
Fax:
Eniall:
(239) 3400/(.;
(239) 541-1.456
rn D!dtesting@eatthhn k. n'2"~
Report Sum.mary:
Pro-Lab Nun1l:;;er:
031D06--0096
Sample Subrnitted:
f"JfCRO ...,
Elevated MoJd CfJ!1ditkm(s} Exists:
'..~-, ~.
Ie::...
it 'do;:; ; On" or '....;or'" UT the samples in tilts repo.;: ,netlcatEs """ p,;:,;,(:l\e,.., GI ",ie"ilted inGO,x [note! spores or colonies '-<l!~
ttlese specific lounions on!y, Profc,;ss,onal advU::E VIlli be f){~C!?,Ss"ry [e' dEl enT1 me the appropnate ilctions to ti'lke tD correct
the c(JllditriJns indicated
H NO' Th" samples in ::I1's report [jQ not mdlcate t:,,2 iJreSQnu" or ,"f",V~tEO ".,duo: mole) "PD'",: or (olon<~s for (he sp,e'c,[;c
ioeations on ~V.
tl' ~n::on(ll1si-..;e; [Va conl.,..1.orlsot] s.arnpli:' reoe\Jed..
The rnolc) identified in ,his repDrt is cften associated with eX(e5S lTIOisture an.j Cdn tHo d problem ;n indoor environments at
high levels Since mold requires water to grow, it is important to orEwmt moisture prob.ems In biltldmgs, The presence of
noicL '>,,/ater damage or musty cdars shouic' be a(jd!~sse,j imrnediately. in all j"stal1r:es, an), SOL;q.:~:(.s) of water mast be
,toepee) "Wi th" extent of wate, carnage det"'HnH1ECL f-101d can gfQW on ',-j,tl.wHy any organic surface, as !ang as mois;u.e
and oxygen are present- \Vhen excessive mo'sture accumulates in buildings or on building n~,aterials, Inuld growth wiii
often occur. p""tlcdar!y if the mcisture ;:;roblern r-e;r,ams undiSCoven,d or un3<1dresSEcL Builci<l9 mi',t2ria!s, ~;uc!1 2" d;YWi! Ii
are made of cellulose :;rld are. highly .absorlx:i<t, perrect $urfilCes fo'- mDid growt!, l',hcn net- "'icistlKS prob,erns Flay
inciurje toof 1€2ksf plumbing ~€aks, landscap.-(ng or g'Jtters that dtr~ct 1,~,;at-'2r ~cito (H' un--j<2r- the t:lL~ildiny! <lr~d urn."-ented
combustion :apjJHances such as gas ~to-ve.s, Water darnaged building. ffietena!s -supporting Hl0id gro);...'th snolijd be cieaned
0, replaced as quickit,r as poss:We to ord{~r to ensure a heatrh't en\t!fonmenL Specific rnethcds cf-assess_lng and
remediat!og rnc-ld contamination sJlouid be based on the extent OT\fjsitJie conta.fDfnatjon and the C~H.iSe of d3tn~ge.
ii-Ie Jl10St corn:non 7irr-:r:torns (,.~ H-:oki e7.;f)05'J..n:~ are rJnn'i'~ nose; eye irritation;. COL}gh~ congest;cn, a.nd 3ggr-a-vrat;on of
,;::5tt1~T:2. In'jj'lriOUcds \i-'}it~l p,erslstf.:nt hea~th prcbierT'6 that appear to be n:di3t€c.1 to rnoh1 or other br'T;~S of ait~ qtlahtlj'
contam~naf'tt e~{pCSllr2 should see their physicians for i;) referTill,to proresston3ls Wf1C> are trainee ir.
occupatio!iaUEn\.'~ro-n_rnentCfI medic:ne or retat~d specialt~l~s an::J are knovo;ledgeable about these tVi-1f~S of EXDC5Uf'f:S.
Decisions abou: rernovtng indrvldu..ats fro ill dn affected arF..!3 fl1ust be based Dn Uti; res:uH.s of such rn.eciicat €:\/3iu:ation
S:nce mold is naturally present in outdouf envircnments ao(1 >';".le Sf1~f"'.:: the' sarne ,Sjlc ~)et\tleen lhe incioo~s and tJ"i'2_
ot:itdnQl"S, itfs !ntpGSSHJ12 toe-~in1ifi:.3tE aB rnoid and thelf sp'':;fes rf{)frt tJi~~ fOC:'O{Ji. -envircrHnent~
The detection Hmlt of fungal ana~Y5is uSlng C~Gt.{cQi inlcroscop'"i' is Ol1C fungai spore Of cne fungel structure_ l'he
quon:ita tion limits vary from anat\."sts to analysis and from .oroc-es~!n9 p~-ocedure to processing prGCe<1u-rE. Contact \.t$
toC:1e-t2fTnine your quanritatlon Hrn;ts.
FOR MORE INFORMATiON, PLEASE GALL PRO-LAB'M AT 1-&IJO,-4Z!-055U END OF REPORT
j ;,,, 2t<o'.I(; :n!o,mallol1 was CDJT1p~ed 0,' PRO~'!.AEJiSS?TM In" :rom ll"" EP.'c;s. -J; B;iej GUiOe In Meld, MC'Sl",,,,, and your l-!GIT1,,- and In;: NYC Dept. 01 ;-l,,"lll,
-GwdeJines on /\5SeSmem and Remediation of Fungi in IOdoor En\i'rmunen!s", at !tIe 'equE';t! of and to! the eJ<clusive use of the client named on Ihis report
T!';s doccrfJ1E.'i1t is :001 a Jegai'nar1date 2nd sh::mld be use.::1 lor mic-!mationz,! p,;rposes only, Currunlly ttiere ale no =e.cte,al regu!al,e-ns far e",alll<lting po lent?;
',:::-aHh ~~f!e{.1::; of fungs! COi1fCVnrnallon af'li.1 remeniation, Thlf.. lntorrnation is: sub:(!(:.i to c:"lan~r; a~ 'n~-:ife infcffnafi;J.'1 ~egii;c:n;! fungal c:Jntam}n2n{r~ becorne~,
"',,,,;3biO, F.:)f inOle !niOfffi"'(JOF1 visif: tlHp:li'.-,w'N.epa gcvtiaq/mol,tsilndex,tltrnl Ot ":,wil1ycSjoc,}htmll,,oh:htrl"llei/eimOicJhtfT.1. T!1iE decume;)! 'Has cleslgn&U Ie
(dtew cUrr2ntll' know.. indlJs.l'~~ gwdelines. for the inierPfet,Won O! rnt~'f()I)ii'J1 samplir:g. analy:;:". afld rom,=dlaliCfl, ,;;iTl~c 'nterpretation 01 mole] analysis repo,-t,;
i;:; 2 5.c~entiii:: \vork in progress. it .11.:1:1 as such he c."langerj at any Hn18 vhHlouj nQ'nC(~ T~n.~ c:renf. is solei).' ~,::.;::pon~iole tor the use Dr ;n:erpn?taUon
PRO-I./'.GfSSPTM in': make.;o no ey.;Jtess Dr il11piir:::J warrant!es ElS 10 health 'II a properly imiD ::,,,1'( InE, ~;i3rnpl'25 s~nll<> \ill."f fa::'H;;ory 10; anal,!s;>;; The G,lt",'
;S f),,;eby nQfHied :;--,;0, au,:: l'~ n,e SUbj&C[j",,, "alLle oi lunqai anaiysis ar.d i110 maId <JiG,,;!h Drm:~S$. i3b;atory samples 03r; and do chanqe over kl1e c",lat;./"
Pau~: -4
6D
Cornplete jtems -f, 2: and 3. f'\!SO corTiD!-al!:;
~_~~.rn ,~ if Restricted Deiiver:..r is desirs--d:
tJnnt your narne and address on the reverse
~':~t;~~f~t t~~j~ ~~iI1C;~(~U;;~;e'~:~~~;i ;~(~~'~~ilDieGe,
or on tile Tiont jf space permit.s. '
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APRIL 07TH, 2006
ArrENTION: GEO ARCIA
PROPOSAL # UR282022SE
INVOICE FOR STRUCTURAL
DRYING/MICROBIAL GROWTH
REMEDIATION.
D.H.G.
DESIGNERS HOME GROUP
2134 TRADE WAY CENTER UNIT #2
NAP~S, FLORIDA 34109
OFFICE (239) 514-5006
FAX (239) 514-5007
HOME OWNER: NANCY COUNA
JOB LOCAnON Be ADDRESS:
2820 22ND AVE. S.E.
NAPLES, FLoRIDA 34117
6D
E;;QUIPMENT QUANT/ D CAlLY SUB TOTAL
:.:il~EC!ES A, RATE TOTAL w/ TAX
. i6~~
NEG. AIR FAN/ 3 7 $120.00 $2520.00 $2671.20
AIR SCRUBBER
LARGE
WTRNAFAN>
HEPA FJL TER 3 7 $205.87 $617.61 $654.67
ADD FOR AIR
SCRUBBER
WTRFHEPA>
DEHUMIDIFIER 2 4 $191.00 $1528.00 $1619.68
LARGE
WTRDHMD
DEHUMIDIFIER 1 4 $104.47 $417.88 $442.95
SMALL
WTRDHMD<
ANTI-MICROBIAL 1 APPL 1 $95.00 $95.00 $97.85
SPRAY
WET
APPLICATION
ANTI-MICROBIAL 3 APPL 7 $250.00 $750.00 $795.00
FOGGING/TO PER
INCLUDE TREA T-
ATrIC/CRAWL MENT
SPACE
DEODORIZER 2 APPL 2 $125.00 $125.00 $132.50
CONTAINMENT 2 CONT 7 $65.00 $130.00 $137.80
BARRIER PER
CONT
*TEAR OUT 2RMS 2 $45.00 $90.00 $95.40
ORYWALL/BAG 6'/6' PER
FOR DISPOSAL CEILING ROOM
SANDING A TrIC 3 $1250.00 $1250.00 $1325.00
/HEPPA CRAWL
VAC/REMOVAL SPACE
OF TRUSSES
CONTAMINATED
I NSULLATION
SEALING OF
EXPOSED
TRUSSES Be
FRAM WORK
6D
DECON Be 700 SF 7 $.75 SF $665.00 $704.90
CLEAN TILE / 3RMS FOR TILE
GROUT / CARPET $140.00
CARPETS 3RMS
CARPET
RESPIRATOR 3 TECHS 7 $30.77 $215.39 $228.31
W/ DUAL
CARTRIDGES
WTRPPER
RESPIRATOR 3 TECHS 7 $9.55 $200.55 $212.58
REPLACEMENT 1 SET (EACH)
CARTRIDGES PER DAY
WTRPPERC 21 PCS
PERSONAL 3 TECHS 7 $9.21 $460.50 $488.13
PROTECTIVE 2 SUITES (EACH)
EQUIPMENT PER DAY
WTRPPE 42 PCS
CHARGE
PER
CASE
50 PCS
PLASTIC BAGS 2 CASES 7 $1.16 $27.84 $29.51
USED FOR 24 PCS
DISPOSAL OF
CONTAMINATED
ITEMS
WTRBAG
TRIP CHARGE 7 TRIPS 7 $75.00 $525.00 $556.50
RATE OVER 25
MILES
DISPOSAL OF 1 7 117.80/ $117.80 $124.87
DEBRIS - TRIP 1 TRIP
CHARGE
DMOPU
CLEANING AND 7 7 $35.57 $1991.92 $2111.44
REMEDIATION HRLY
SUPERVISOR RATE
WTRLABS HRS
CLEANING AND 2 TECHS 7 $23.80 $2665.60 $2825.54
REMEDIATION HRLY
TECHNICIAN RATE
WTRLABC HRS
TOTAL : $'5,253.83
RATED THROUGH "XACTlMATE" ALLoWABLE GUIDEUNES. UPDATED MARCH
2006
'"THIS QUOTE IS AS ACCURATE AS POSSIBLE FOR THIS DEGREE OF
CONTAMINATION AND UNITED ACCESS ABILITY TO AREAS OF CONCERN.
PLEASE BE ADVISED THAT QUOTE COVERS ALL ASPECTS OF REMEDIATION
BASED ON INmAL WALK THROUGH AND IS SUBJECT TO CHANGE WTT'H NEWLY
IDENTIFIED AREAS OF CONTAMINATION.
~ 'i?)Jb)bb /l~~
6D
UJ~TIMATE RESPONSE FIRE & WATER
RESTORATION INC. 1495 RAIL I-IEAD BLVD #13
NAPLES, Ii'L()RIDA 34110
O}{-'JB-'ICE f.2~.}J)} ~]4=r~81)O/FAX (23'B} 5~1=141~P
l\!~OBlI.AE (289) ~~4R=642~1
ALMIURA@j\OLCOM
JULY 10TH, 2006
EVACUATION NOTICE:
PLEASE BE ENFORMED THAT WHILE ALL
RESTORATION SERVICES ARE BEING
PERFORMED @ 2820 22ND AVE NAPLES,
FLORIDA 34117 (START DATE
UNDETERMINED) ALL OCCUPANTS MUST
BE RELOCATED TO DIFFER.ENT LIVING
QUARTERS AND REMAIN THERE UNTIL
FINAL INSPECTION OF RESTOATION
SERVICES.
REMEDIATION SHALL TAKE
APPROXIMATELY 7-10 DAYS INCLUDING
POST AIR SAMPLES.
BE ADVISED THAT THIS DOES NOT
INCLUDE f..L'HE FINAL REBUILD PHASE OF
RESTORATION, AND MY REQUIRE THE
COLINA FAMILY TO BE AWAY FROM THEIR
RESIDENCE FOR AN UNDETERMINED
AMOUNT OF TIME UNTIL REBUILD IS
COMPLETE.
PLEASE DIREC".r ANY AND ALL QUESTIONS
TO ME AS YOU Jf'EEL NESSACERY.
L. MIURA /OWNER
60
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AUGUST 10TH, 2006
WORK AUTHORIZATION
I/WE j..)a._~'b\~~ THE UNDER SIGNED,
DO HEREBY ORIZE ULTIMATE RESPONSE FIRE
AND WATER RESTORATION INC., TO ENTER MY
PREMISE AS IDENTIFIED BELOW AND TO PERFORM
ALL NECESSARY "EMERGENCY SERVICE WORK"
CAUSED BY WATER DAMAGE/HuRRICANE DAMAGE.
I/WE REQUEST WORK 0 START IMMEDIATELY AND
UNDERSTAND THAT ULTIMATE RESPONSE FIRE Be
WATER RESTORATION INC. WILL NOT REMOVE THEIR
EQUIPMENT UNTIL ALL RESTORATION SERVICES
(DRYING, MICROBIAL GROWT'H REMEDIATION ETC.)
ARE COMPLETED.
My/OUR HOME IS COVERED BY HOME OWNERS/
HAZARD, OR ASSOCIATION INSURANCE THROUGH AN
INSURANCE POUCY FROM"
INS COMPANY PHONE NUMBER
OURMORTGAGECOMPANYI~
60
I/WE FURTHER AUTHORIZE DIRECT PAYMENT OF ANY
APPUCABLE PROCEEDS DIRECTLY TO ULTIMATE
RESPONSE FIRE AND WATER RESTORATION INC., OR
INCLUDE THEM AS CO-PAYEE IF POSSIBLE. I/WE
AGREE THAT FULL PAYMENT SHALL BE DUE AND
PAYABLE TO THE HOME OWNER/POUCY HOLDER Be
ULTIMATE RESPONSE FIRE AND WATER
RESTORATION INC., UPON SUBSTANTIAL
COMPLETION OF SAID EMERGENCY SERVICES.
FuRTHERMORE I/WE AGREE TO ENDORSE PAYMENT
ONCE RECEIVED, AND RELEASE TO ULTIMATE
RESPONSE FIRE AND WATER RESTORATION INC. FOR
PAYMENT OF THEIR SERVICES.
ALL INVOICES POST 90 DAYS wtLJ... BE SUBJECT TO A
ONE TIME SERVICE CHARGE OF 18% OF THE FINAL
INVOICE. ULnMATE RESPONSE FIRE AND WATER
RESTORAnON INC.. RESERVES THE RIGHT' TO
RECOVER THE COMPLETE COST OF CO' . ~~ON
SERVICES AND/OR AU.. ATTORNEY'S FEES CAU.ED
BY NONPAYMENT AND/OR DEFAULT.
THE TOTAL COST OF "EMERGENCY SERVICE WORKft
WILL BE IN ACCORDANCE wrrH THE INVOICE
PREPARED AND SUBMITTED BY, ULTIMATE
RESPONSE FIRE AND WATER RESTORATION INC.
USING THE MOST CURRENT "XACTIMATEft PRICING
SOFTWARE.
I/WE, ACKNOWLEDGE THAT WE ARE RESPONSIBLE
FOR ANY DEDUcnSLE, DEPREClAnON OR
INSUFFICIENT INSURANCE PROCEEDS. PRE-EXISTING
CONDmON SUCH AS DETERIORATION, INHERENT
VICE, AND/OR CODE UPGRADE REQUIREMENTS ARE
NOT INCLUDE IN THIS WORK AUTHORIZATION/PRE"
CONTRACT DOCUMENT.
I/WE FURTHER UNDERSTAND AND ACKNOWLEDGE
THAT ULTIMATE RESPONSE FIRE AND WATER
RESTORATION INC., IS NOT ASSOCIATED WITH ANY
INSURANCE COMPANIES/OR PUBUC ADJUSTERS.
PRIER TO SIGNING THIS AUTHORIZATION/PRE-
CONTRACT AGREEMENT I/WE HAVE HAD THE
OPPORTUNITY TO CONTACT ANY AND ALL
EMERGENCY SERVICE COMPANIES OF OUR
PREFERENCE AND HAVE SELECTED ULnMATE
RESPONSE FIRE AND WATER RESTORAnON INC. TO
COMPLETE ALL NECESSARY WORK TO RESTORE OUR
HOME TO ITS ORIGINAL STATE.
AGREED/AlITHORlZEDTOONTHIS \{J~ DAY OF
An~~ 2006
~C>"'~ ~,t'c.\"l ~G / lJf~ ~
OWNER' PRINTED NAME. E S 81 ATURE
C=J.~l./55 - ?15(~ C ell (~~t~:S 0 -t,frlJ..j
OWNER'S HOME PHONE NUMBER
OWNER'S WORK PHONE NUMBER
;=:2"&'::::>0 - :;>0;> nO. ~ e- DE
STREET ADDRESS
N ~\e.:"O, ~l :'::>4\ l.
CITY, STATE, ZIP CODE
60
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Bank of America I Account Activity I Transaction Image Screen
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Account Activity
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Posting Date: 08/11/2006
Reference: 80392560997
Check #: 1009
Account: MMS-7921
Amount: $7,602.65
Nickname:
NANCY COUNA 01-05
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2GO 22ND AVE. a.E.
NAPl.E$. FL 34117-1106
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JOSE L COLINA
NANCY COLINA
4530 NW 179m STREET
CAROL CITY FI,. 330fi5
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Page 1
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6D
fN THE CIRCUIT COURT OF THE T\VEl'\TIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY FLORIDA
CIVIL D1VlSIOl'\
.JOSE LCIS COLINA and
SANe\' COLINA
Plaintiffs.
"S.
Case '"\i 0.: 06-1523-(:/\
DESIGNERS H01\1E GROUP, INC.,
a Flo/-ida Corporation
Defendant.
ORDER ON MOTION FOR ENTRY OF .JUDGMENT ON ARBITRATION A V, .'\RD
This action came before the Court upolllhe Plainti ffsfv1otion for Emn or.1 uci gill CIll on
Arbitration Award. Plaimiff\.vas represemed by John F. Hooley. Esquire.
Upon tesIlmony. argument 01 cOLlnsel and this COLlr! being otherv,'ise advIseeL the
following findings of fact are made:
I. L\n Arbi tration Award \~!as entered on November 7. 2007 in favor of P lainti ffs ami
agamst Detendantll1 the amount of 35.758.6:; plus statutory illlereS! ( ! 1 po) ll11l11 paid.
7 No Nonce of Trial De Novo has been filed.
3. The Arbitration award noted that the contract provided for prevailing pm1y attorney fees.
Based upon the above-stated findings of fact, it is hereby
ORDERED, A.D.JUDGED and DECREED that Judf,'111enl is hereby entered in favor of
Plaintiffs, JOSE LUIS COLINA and NANCY COLINA. jointly and severally against
Defendant, DESIGNERS HOME GROUI', INC., a Florida cOll'oration by confinning the
Arbitration Awm-d in the amount of $35,758.63 which amount shall accrue interest at the legal
rate (11 vir)) from and after the date of entry of the judgment, for all of which let execmiol1 issue.
6D
IT IS FURTHER ORDERED, that this COUl1 shall retain jurisdiction 10 detell11ine
~
entitlement and amount of attomey fees. Such entitlement and award may be determined by
affidavits of counsel and a verified motion.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida on this _
day of
,2007.
H.ON~RABLE C:;YNTHIA A. ELLISr;13 c:r:q;;-'cl rf ';;-ds
ClrcUlt Com1 J udoe ...' -J" .......". ~ ..,
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DEe 2 0 2007
Conformed Copies Provided To:
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Judgment Debtor:
Designers Home Group, Inc.
1719 Trade Center \Vay. Suite 10
Naples, FL 34109
--
Debtor Attorney:
None
Judgment Creditor:
Jose Luis & Nancy Colina
2820 22nd Avenue 'SE
Naples, Florida 34117
Creditor Attorney:
John F. Hooley, Esquire
GARBER, HOOLEY & HOLLOWAY~ LLP
700 11th Street South, Suite 202
Naples, Florida 34102
,-.
!iOV/U/TUE 10: 24 AM PAULICH SLACK WOLFF
FAX No. 239 261 4190
P. 002/00E
6D
The Law Offkes of
Magen 'E~ 1(s{[am, P.!2L
5147 Castello Drive
Naples, Florida 34103
(239) 643-1152 (239) 643-1] 93 fax
VIA FACSIMILE & US MAIL
Robert N. Pelier
Blanco & Pelier~ P.A.
3375 Tamiami Trail East. Suite 300
Naples, Florida 34112
Re: 2820 22n<1 Ave S.B.
Golden Gate Estates, Florida
Mr. and Mrs. Colina
November 1, 2005
Dear Mr. Peller,
DHG has made several calls to my clients requ.esting information pertaining to the color
selections of their home. All infoll1J.ation relating to construction of the Colina's home is at my
office, therefore any inquiries should be directed to me. It is my goal to ensure that construction
progresses in a timely manner and I am happy to provide PHO with any information that will
further this goal.
Enclosed with this letter, please find NIx. & Mrs. Colina"s color selection information. It
is important that this document get to DHG immediately so that repair work is not delayed.
Also, Mr. & Mrs. Colina have infonned me that the hurricane shutters for the rear glass
sliders are incorrect in size. The shutters do not fit and, as you could imagine, this was a
devastating discovery in the hours before Wilma. We are requesting that you inform DHG oftbis
problem and see to it that they add it to the list of repairs/corrections required for the Colina's
home.
As always, please contact me should you need any additional information.
Ce: Client
. Ene.
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to tbe Board: Please place tbe following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
***********************************************************************************************
Originating Dept/ Div: CDESIPlanning Person: Susan Istenes, Director
Date: .~.X) - 08
Petition No. (If none, give brief description): ADA-2007-AR-12714, Clancy-Koendarfer Boat Dock Extension
Petitioner: (Name & Address): Ben Nelson, Jr., Nelson Marine Construction Inc, 10923 Enterprise Avenue, Bonita
Springs, FL 34135
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
March 25. 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: ADA-2007-AR-12714, Saundra
Clancy-Koendarfer, represented by Ben Nelson of Nelson Marine Construction, Inc" is requesting an Appeal of
BD-2007-AR-12154, Subject property is located in Section 5, Township 48, Range 25, Collier County, Florida,
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
131-138326-6491~
No If Yes, what account should be charged for advertising costs:
Reviewed by:
&~~,~
Department Head
Approved by:
3/}/O~
Date '
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or 8ZA: Initiating person to complete one copy and obtain Division Head
approval before submitting to County Manager. Note: If legal document is involved, be sure tbat any
necessary legal review, or request for same, is submitted to County Attorney before submitting to County
Manager. Tbe Manager's office will distribute copies:
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: 3'5 -oS Date of Public hearing: 3'O'"S -og'Date Advertised: '3 -q-oO
RESOLUTION 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS
RELATING TO PETffiON NUMBER BD-2007-AR-12154,
wmCH WAS DENIED BY THE COLLIER COUNTY
PLANNING COMMISSION ON DECEMBER 6, 2007, FOR AN
EXTENSION OF A BOAT DOCK ON PROPERTY
HEREINAFfER DESCRIBED IN COLUER COUNTY,
FLORIDA.
7A
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 adopted the previous Land Development Code (LDC)
(Ordinance 91-102) in October 1991 which was subsequently amended and included the
regulations for the zoning of particular geographic divisions of the County, among which are
provisions for granting extensions for boat docks; and
WHEREAS, the County pursuant thereto has adopted a new Land Development Code
(LDC) (Ordinance 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which are provisions for granting extensions for boat
docks; and
WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, on
December 6, 2007, held a properly noticed public hearing and considered the advisability of a
17-foot extension for a boat dock from the 20-foot length allowed by LDC Section 5.03.06.E.1.
to authorize a 37-foot boat dock facility in an RSF-4 Zoning District for the property hereinafter
described; and
WHEREAS, the CCPC found as a matter of fact that the request did not meet the criteria
required by LDC Section 5,03.06.E,1 and accordingly denied the Petition; and
WHEREAS, the new LDC omits Sections 5.2.11. and 2.6.21.3. of Ordinance 91-102, as
amended, relating to the process by which a Petitioner may appeal a decision of the CCPC and
thus causes a conflict pursuant to Paragraph Five, Conflict and Severability, of Ordinance 2004-
41, as amended (the new LDC); and
WHEREAS, pursuant to Paragraph Five, Conflict and Severability, of Ordinance 2004-
41, as amended provisions of the previously adopted LDC shall apply in the event of such a
conflict; and
WHEREAS, the Petitioner duly appealed the decision of the CCPC pursuant to the
Collier County LDC (omitted Sections 5.2.11. and 2.6.21.3. of Ordinance 91-102, as amended)
to the Collier County Collier County Board of Zoning Appeals,
Page 1 of 2
7 A '~
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COllIER COUNfY, FLORIDA, that:
Petition Number ADA-2oo7-AR-12714, appealing the CCPC's denial of Petition Number
BD-2007-AR-12154 pursuant to previous, but still effective, Sections 5,2,11. and 2.6.21.3. of
Ordinance 91-102, as amended, filed on behalf of Saundra Clancey-Koendarfer by Ben Nelson,
of Nelson Marine Construction, Inc" for the property hereinafter described as:
Lot 10, Block E, Little Hickory Shores, Unit No.2, according to the plat thereof,
of record in Plat Book 3, Page 79, of the Public Records of Collier County
Florida. Property Appraisers Parcel ID No. 55900800009
be, and the same is hereby approved, thus reversing the CCPC's denial of the Petition Number
BD-2oo7-AR-12154, for a 17-foot extension of a boat dock from the 20-foot length otherwise
allowed by LOC Section 5.03.06,E.L, to authorize a 37-foot boat docking facility in the RSF-4
zoning district wherein said property is located, subject to the following conditions:
1. Corresponding permits, or letters of exemption, from the U,S, Army Corps of Engineers
and the Florida Department of Environmental Protection shall be provided to Collier
County prior to the issuance of a building permit.
2. Reflectors and house numbers of no less than four (4) inches in height must be installed
at the outermost end on both sides of all docks or mooring pilings, whichever protrudes
the furthest into the waterway, prior to the issuance of a Certificate of Completion.
3. At least one (1) "Manatee Area" sign must be posted in a conspicuous manner as close as
possible to the furthest protrusion of the dock into the waterway, prior to the issuance of a
Certificate of Completion.
4. All prohibited exotic species, as such term may now or hereinafter be established in the
LOC, must be removed from the subject property prior to issuance of the required
Certificate of Completion and the property must be maintained free from all prohibited
exotic species in perpetuity.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote this
day of
,2008.
ArrEST:
DWIGIIT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COllIER COUNTY I FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Page 2 of 2
r7A
. ),
! ~
March 5, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: ADA-2007-AR-12714 Boat Dock Appeal
Dear Legals:
Please advertise the above referenced notice on Sunday, March 9, 2008 and kindly
send the Affidavits of Publication, in duplicate, together with charges involved to
this office.
Thank you.
Sincerely,
Ann Jennejohn
Deputy Clerk
P.O.!Account #131-138326-649100
NOTICE OF PUBLIC HEARING
t7A
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, March 25, 2008, in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin
at 9:00 A.M.
A RESOLUTION OF THE BOARD OF ZONING APPEALS RELATING TO PETITION NUMBER
BD-2007-AR-12154, WHICH WAS DENIED BY THE COLLIER COUNTY PLANNING
COMMISSION ON DECEMBER 6, 2007, FOR AN EXTENSION OF A BOAT DOCK ON
PROPERTY HEREIN DESCRIBED IN COLLIER COUNTY, FLORIDA.
Petition: ADA-2007-AR-12714: Saundra Clancy-Koendarfer, represented by Ben
Nelson of Nelson Marine Construction, Inc., is requesting an Appeal of BD-
2007-AR-12154. Subject property is located in Section 5, Township 48,
Range 25, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must register with
the County Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group is encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
If you are a person with 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: Ann Jennejohn, Deputy Clerk
March 5, 2008
i ,-.
,eoWlty.of Collier
L_
CLERK OF THE CrRCU!T COURT
COLLIER COUNTY (cOURT~OUSE
3301 T AMIAMI T.RAIL EAST
p,o. BOX 413044',
NAPLES, FLORIDA 'l4101-30~4
*'
t 7 ~
Dwight E. Brock
Clerk of Courts
Clerk of Court~
Accountan1
AuditOI
Custodian of County Fund5
Ben Nelson, Jr.
Nelson Marine Construction, Inc.
10923 Enterprise A venue
Bonita Springs, FL 34135
Re: Notice of Public Hearing to Consider
Petition ADA-2007-AR-12714
Clancy-Koendarfer Boat Dock Extension
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, March 25, 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 9, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ h~).d:J.c..
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
We bsi te- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
. 7 ~
Ann P. Jennejohn
To:
Subject:
legals@naplesnews,com
ADA-2007-AR-12714 Boat Dock Appeal
Attachments:
ADA-2007-AR-12714,doc; ADA-2007-AR-12714.doc
Please advertise the attached on Sunday, March 9 I 2008.
~
iWl.V1......i.....i'I...
LJ
ADA-2007-AR-1271
4.doc (24 KB)
ADA-2007-AR-1271
4.doc (23 KB)
Thanks again,
Ann J ennejohn
Senior Clerk to the Board
Minutes & Records Department
252-8406
(ann.j ennejohn@collierclerkcom)
1
7A
Ann P. Jenne~ohn
From:
Sent:
To:
Subject:
postmaster@collierclerk,com
Wednesday, March 05, 200812:47 PM
Ann p, Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT1446720-txt; ADA-2007-AR-12714 Boat Dock Appeal
[J"
~:~;
-
[2]",'
-', ,<
-. .'~-' ..
ATTl446720.txt ADA-2007-AR-1271
(229 B) 4 Boat Dock Ap... h' , , II
T IS IS an automatlca y 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
ADA-2007-AR-12714 Boat Dock Appeal
Ann P. Jennejohn
From: Perrell, Pam [PPerrell@Naplesnews,com]
Sent: Wednesday, March 05, 2008 1 :55 PM
To: Ann P. Jennejohn
Subject: RE: ADA-2007-AR-12714 Boat Dock Appeal
OK
(Remember, Noon on Wed, is deadline for Sun,)
Thanks, Pam
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Posted At: Wednesday, March 05, 2008 12:47 PM
Posted To: Legals - NDN
Conversation: ADA-2007-AR-12714 Boat Dock Appeal
Subject: ADA-2007-AR-12714 Boat Dock Appeal
Please advertise the attached on Sunday, March 9, 2008.
<<ADA-2007-AR-12714.doc>>
<<ADA-2007 -AR-12714.doc>>
Thanks again,
Ann J ennejohn
Senior Clerk to the Board
Minutes & Records Department
252-8406
(ann.jennejohn@ coil ierc lerk.com)
3/5/2008
7~
. Page 1 of 1
Th. Th.
NAPLES DAILY NEWS
Published Dail)
Naples. FL 3-l1 02
Affidavit of Pu blication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples, in Collier County,
Florida: distributed in Collier and Lee counties of Florida: that
the attached copy of Ill(' Cldvertising, beine a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
On March <)'h. 2008
\ffiant limher says that the said Napks Daily News is a newspaper
I'uhlished a' ~~apks, in collier county, Florida and that the said
ncwspaper has heretoforc hccn continuously puhlished in said Cc)llier
County, Florida~ distributed ill Collier and Lee counties of Florida.
eacb dav and has heell entered as second class mail matter at the post
,)niee in "'apks, in said Collier County. Florida. for a period of I
war next preceding the first publication ofthe attached copy of
advertisement: and affiant further says that he has neither paid nor
pfllmised any person, finn or corporation any discount. rehate,
commission or refund felr the purpose of sewring this advertisement for
publication in the said newspaper
,I ......)
/l J-.,.' ''',
,
( Signature of affiant)
Sworn to and subscribed before me
This 9th,Day Of March 2008
~
.~ ~
(Signature of notary public)
FEI 59-257X327
ir F'-~" "ti~:-NZ:;;':;~::";;;;i~~,;'T;;,;;;; F"londa
<I; '.~ '_J .";(;;. ' ,-. :~_' !\~.
. '!Ie.,.; ,'""", ",[, .
/' ",<> . A. Jd'''''''',,,O'ILJ 1382729
L=~~~f:C (j II02J2002
, 7 A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5,
Route to Addressee(s) Office Initials Date
List in routin order
1. ~OE- SC:ttM 1 'I,
2.
c. eM /,"'VN In t>~\J -:::,f: j2..\JIC~J:S
3.
7 Ii
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,
Name of Primary Staff Ashley Caserta
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
1'''\'\ --:"\ IA J " L~. L.'
....J.-.t.) :t:~'.m~&:~-!.~nL~1\?lIt
239-252-2942
'7/1
I
N/A
AC
N/A
N/A
AC
4.
---_..-.._-~--
5. Sue Filson, Executive Manager
Board of County Commissioners
1: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03,04, Revised) ,26,05, Revised 2,24,05
6. Minutes and Records
Clerk of Court's Office
Phone Number
T
Number of Original
Documents Attached
Agenda Item Number
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NIA" 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 ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was denied by the CCPC on_ if ;)J-JDri and all changes made during
the meeting have been incorporated in the attached'dOCUment. The County Attorney's
Office has reviewed the chan es, if a Iicable.
2,
3.
4,
5,
6,
~""""""..w""",,,...____.tI_,,,,,~,,,",,,-,,,,___;,'",,.,,,,'q.,..j"'1i'.'.<*'+lj_._"._,.,tNoI_........_,~....""_,,<'i"'.."",'h_'.>h"""~...._......_.~,_.,-..""'.""._-,._..,"'.....,.,,~'"..,...,,~._..._~"._,..,,_....._--~~
7A
RESOLUTION 08- 119
A RESOLUTION OF THE BOARD OF ZONING APPEALS
RELATING TO PETITION NUMBER BD-2007-AR-12154,
WHICH WAS DENIED BY THE COLLIER COUNTY
PLANNING COMMISSION ON DECEMBER 6, 2007, FOR AN
EXTENSION OF A BOA T DOCK ON PROPERTY
HEREINAFfER 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 adopted the previous Land Development Code (LDC)
(Ordinance 91-102) in October 1991 which was subsequently amended and included the
regulations for the zoning of particular geographic divisions of the County, among which are
provisions for granting extensions for boat docks; and
WHEREAS, the County pursuant thereto has adopted a new Land Development Code
(LDC) (Ordinance 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which are provisions for granting extensions for boat
docks; and
WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, on
December 6, 2007, held a properly noticed public hearing and considered the advisability of a
17-foot extension for a boat dock from the 20-foot length allowed by LDC Section 5.03.06.E.1.
to authorize a 37-foot boat dock facility in an RSF-4 Zoning District for the property hereinafter
descri bed; and
WHEREAS, the CCPC found as a matter of fact that the request did not meet the criteria
required by LDC Section 5.03.06.E.l and accordingly denied the Petition; and
WHEREAS, the new LDC omits Sections 5.2.11. and 2.6.21.3. of Ordinance 91-102, as
amended, relating to the process by which a Petitioner may appeal a decision of the CCPC and
thus causes a conflict pursuant to Paragraph Five, Conflict and Severability, of Ordinance 2004-
41, as amended (the new LDC); and
WHEREAS, pursuant to Paragraph Five, Conflict and Severability, of Ordinance 2004-
41, as amended provisions of the previousl y adopted LDC shall apply in the event of such a
conflict; and
WHEREAS, the Petitioner duly appealed the decision of the CCPC pursuant to the
Collier County LDC (omitted Sections 5.2.11. and 2.6.21.3. of Ordinance 91-102, as amended)
to the Collier County Collier County Board of Zoning Appeals.
Page 1 of 2
~"'7A
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition Number ADA-2007-AR-12714, appealing the CCPC's denial of Petition Number
BD-2007-AR-12154 pursuant to previous, but still effective, Sections 5.2.11. and 2.6.21.3. of
Ordinance 91-102, as amended, filed on behalf of Saundra Clancey-Koendarfer by Ben Nelson,
of Nelson Marine Construction, Inc., for the property hereinafter described as:
Lot 10, Block E, Little Hickory Shores, Unit No.2, according to the plat thereof,
of record in Plat Book 3, Page 79, of the Public Records of Collier County
Florida. Property Appraisers Parcel ID No, 55900800009
be, and the same is hereby approved, thus reversing the CCPC's denial of the Petition Number
BD-2007-AR-12154, for a 17-foot extension of a boat dock from the 20-foot length otherwise
allowed by LDC Section 5.03.06.E.1., to authorize a 37-foot boat docking facility in the RSF-4
zoning district wherein said property is located, subject to the following conditions:
1, Corresponding permits, or letters of exemption, from the U.S. Army Corps of Engineers
and the Florida Department of Environmental Protection shall be provided to Collier
County prior to the issuance of a building permit.
2. Reflectors and house numbers of no less than four (4) inches in height must be installed
at the outermost end on both sides of all docks or mooring pilings, whichever protrudes
the furthest into the waterway, prior to the issuance of a Certificate of Completion.
3. At least one (1) "Manatee Area" sign must be posted in a conspicuous manner as close as
possible to the furthest protrusion of the dock into the waterway, prior to the issuance of a
Certificate of Completion.
4. All prohibited exotic species, as such term may now or hereinafter be established in the
LDC, must be removed from the subject property prior to issuance of the required
Certificate of Completion and the property must be maintained free from all prohibited
exotic species in perpetuity,
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote this d;j-T\CJ day of
V\pfl\
,2008.
"01 \
ATTEST.,,']' ,
.' '" ....,. i~
DWIGHT E"B~OCKl€;~ERK
," ..,
,,~,
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
Attest IS to~1,runl , 'J
S 1 gnatul"t on llf - t) . S lJ :' \ .J '
App ved as to form
and g y:
Page 2 of 2
Item# ~
~~~j~da if r 1./ 0 ~
i)cte 4/24/0&
Ruc:'d
V
Jeffr
Chie
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1A
Lf--L-L-055
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive · Naples, Florida 34104
July 21, 2008
Mr. Ben Nelson, Jr.
Nelson Marine Construction, Inc
10923 Enterprise Ave
Bonita Springs, FL 34135
Reference: Petition: ADA-2007-AR-12714, Clancy-Koendarfer Boat Dock Extension
Dear Mr. Nelson:
On Tuesday, April 22, 2008, the Board of County Commissioners heard and approved
Petition No. AR-12714. A copy of Resolution/Ordinance No. 08-119 is enclosed
approving this use.
Please be advised that Section 1O.03.05.B.3, of the Land Development Code requires an
applicant to remove their public hearing advertising sign(s) after final action is taken by the
Board of County Commissioners. Based on the Board's final action on this item, please
remove all public hearing advertising sign(s) immediately.
If you should have any questions, please do not hesitate to contact me,
Sincerely,
.A.-CL"-A./) <tYJ. \~J!.A--te/J'1--€A./
Susan M. Istenes, AICP, Director
Department of Zoning and Land Development Review
Enclosure
cc: Land Dept. Property Appraiser (Site Plans)
Addressing (Peggy Jarrell)
M. Ocheltree, Graphics
Files (Records & Planning Dept.)
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Phone (239) 403-2400
Fax (239) 643-6968 or (239) 213-2913
\V\v\V.collicrgov.ne t
(A
RESOLUTION 08-~
A RESOLUTION OF THE BOARD OF ZONING APPEALS
RELATING TO PETITION NUMBER BD-2007-AR-12154,
WHICH W AS DENIED BY THE COLLIER COUNTY
PLANNING COMMISSION ON DECEMBER 6,2007, FOR AN
EXTENSION OF A BOA T DOCK ON PROPERTY
HEREINAFrER 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 adopted the previous Land Development Code (LDC)
(Ordinance 91-102) in October 1991 which was subsequently amended and included the
regulations for the zoning of particular geographic divisions of the County, among which are
provisions for granting extensions for boat docks; and
WHEREAS, the County pursuant thereto has adopted a new Land Development Code
(LDC) (Ordinance 04-41. as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which are provisions for granting extensions for boat
docks; and
WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, on
December 6, 2007, held a properly noticed public hearing and considered the advisability of a
17-foot extension for a boat dock from the 20-foot length allowed by LDC Section 5,03.06E 1.
to authorize a 37-foot boat dock facility in an RSF-4 Zoning District for the property hereinafter
described; and
WHEREAS. the CCPC found as a matter of fact that the request did not meet the criteria
required by LDC Section 5,03,06El and accordingly denied the Petition; and
WHEREAS. the new LDC omits Sections 5,2.11. and 2,6.21.3. of Ordinance 91-102, as
amended, relating to the process by which a Petitioner may appeal a decision of the CCPC and
thus causes a conflict pursuant to Paragraph Five. Conflict and Severability, of Ordinance 2004-
41, as amended (the new LDC); and
WHEREAS. pursuant to Paragraph Five. Conflict and Severability. of Ordinance 2004-
41, as amended provisions of the previously adopted LDC shall apply in the event of such a
conflict; and
WHEREAS, the Petitioner duly appealed the decision of the CCPC pursuant to the
Collier County LDC (omitted Sections 5,2,11. and 2,6,21.3, of Ordinance 91-102, as amended)
to the Collier County Collier County Board of Zoning Appeals,
Page I of 2
fA:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY. FLORIDA. that:
Petition Number ADA-2007-AR-12714, appealing the CCPe's denial of Petition Number
BD-2007-AR-l21S4 pursuant to previous, but still effective, Sections 5.2.1 Land 2,6.213. of
Ordinance 91-102. as amended, filed on behalf of Saundra Clancey-Koendarfer by Ben Nelson,
of Nelson Marine Construction, Inc" for the property hereinafter described as:
Lot 10, Block E, Little Hickory Shores, Unit No, 2. according to the plat thereof.
of record in Plat Book 3, Page 79, of the Public Records of Collier County
Florida, Property Appraisers Parcel ID No, 55900800009
be, and the same is hereby approved, thus reversing the CCPC's denial of the Petition Number
BD-2007-AR-12154, for a 17-foot extension of a boat dock from the 20-foot length otherwise
allowed by LDC Section 5,03,06,E. L, to authorize a 37-foot boat docking facility in the RSF-4
zoning district wherein said property is located, subject to the following conditions:
L Corresponding pennits, or letters of exemption. from the U,S, Anny Corps of Engineers
and the Florida Department of Environmental Protection shall be provided to Collier
County prior to the issuance of a building pennie
2, Reflectors and house numbers of no less than four (4) inches in height must be installed
at the outennost end on both sides of all docks or mooring pilings, whichever protrudes
the furthest into the waterway, prior to the issuance of a Certificate of Completion,
3, At least one (1) "Manatee Area" sign must be posted in a conspicuous manner as close as
possible to the furthest protrusion of the dock into the waterway, prior to the issuance of a
Certificate of Completion,
4. All prohibited exotic species, as such tenn may now or hereinafter be established in the
LDC, must be removed from the subject property prior to issuance of the required
Certificate of Completion and the property must be maintained free from all prohibited
exotic species in perpetuity,
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office,
This Resolution adopted after motion, second and majority vote this J:l"c1 day of
Apil\
,2008,
A 1TEST:,":' · I: ( :' "'.'
DWIGHT E. B~O<;';K,. C;~RK
. ... . .
, ;;---".
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY'~m4
By:
Attest I' to ~:'rl11A"",*put
S1{!n4wrt 0Il1w ""'~l'Ol'.)"r'
,
App ved as to fann
and g
JeffI'
Chie
Page 2 of 2
'11-\
CCPC RESOLUTION 07- OR
A RESOLUTION OF THE COLLIER COUNTY
PLANNING COMMISSION DENYING PETITION
NUMBER BD-2007-AR-12154, A REQUEST FOR A
17-FOOT BOAT DOCK EXTENSION.
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 04-41, as amended) which establishes regulations for the zoning of
particular geographic divisions of the County, among which are provisions for granting
extensions for boat docks; and
WHEREAS, the Collier County Planning Commission (CCPC), being duly
appointed, has held a properly noticed public hearing and considered the advisability of a 17-
foot extension for a boat dock from the 20-foot length allowed by LDC ~ 5.03,06,E. L to
authorize a 37-foot boat dock facility in an RSF-4 Zoning District for the property hereinafter
described; and
WHEREAS, the CCPC has found as a matter of fact that the request does not meet
the criteria required by LDC Section 5,03.06,E. L; and
WHEREAS, the CCPC has given all interested parties the opportunity to be heard,
and considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY the Collier County Planning
Commission of Collier County, Florida, that:
Petition Number BD-2007-AR-12154, filed on behalf of Saundra Clancy-Koendarfer
by Ben Nelson, Jr., of Nelson Marine Construction, Inc" for the property hereinafter
described as:
Lot 10, Block E, Little Hickory Shores, Unit No, 2, according to the plat
thereof, of record in Plat Book 3, Page 79, of the Public Records of Collier
County, Florida
Property Appraisers Parcel ill No, 55900800009
be, and the same is hereby denied for a 17-foot extension of a boat dock from the 20-foot
length otherwise allowed by LDC ~ 5,03,06,E.l in the RSF-4 Zoning District wherein said
property is located for the reasons set forth in the record.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office,
Page I of 2
lA
THIS RESOLUTION ADOPTED after motion, second and majority vote,
Done this &-41..--. day of \)ec ("'e\l\. 0~ ,2007,
COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY, FLORIDA
ATTEST:
Jo ph K Schmitt
C mmunity Development and Environmental
ervices Administrator
Page 2 of 2
',rB
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,)
w*.****************************************************************************.********.....*****.**
Originating Dept/ Div: Comm,Dev.Serv./Planning Person: Willie Brown, AICP \.f!t) Date: 3('Ll1J 06
Petition No, (If none, give brief description):V A-2007-AR-] 2477, Schuelke Variance
Petitioner: (Name & Address):Chris Thornton, Cheffy, Passidomo, Wilson, and Johnson, 821 Fifth Ave South, Ste, 20],
Naples, FL 34 I 02
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Gregory W,
Schuelke Joint Revocable Living Trust 5/1 1/98, and DJN Family L TD PTNRSHP, A Wisconsin Limited PTNRSHP, 4636
Sonseeahray Dr., Hubertus, WI 53033-9727
Hearing before BCC
BZA
Other
Requested Hearing date:
April 22, 2008
Based on advertisement appearing] 5 days before hearing,
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: V A-2007-AR- I 2477, Gregory W. and Beverly
J, Schuelke, represented by Christopher 1. Thornton, of Cheffy, Passidomo, Wilson, and Johnson, Attorneys at Law, LLP, are
requesting 4 Variances for a project to be known as the Schuelke Variance, The Variance petition seeks approval of a 4-foot
variance for the pool deck (also referred to as the retaining wall) supporting the pool above the seawall; a 2, 7-foot variance for the
wire mesh pool screen cage surrounding the pool atop the pool deck; a 9.2-foot Variance for the southeasterly stairway; and a
5.8-foot variance for the southwesterly stairway; all limited to that which is depicted as side yard encroachments in the Record
Survey shown with a revised date of October L 2007, The subject property is located at 496 Flamingo Avenue, in the
Connor's Vanderbilt Beach Estates, Unit 3, Lot 1, Block U on 0,27 acres, Section 29, Township 48 South, Range 25 East,
Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
131-138326-649100
No If Yes, what account should be charged for advertising costs:
Reviewed by:
D~ rn ISfbnt"'--Di~.tf/O;>/
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager, The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
**************************************************************************************.***....*.*..**
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
RESOLUTION- 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER V A-2007-AR-12477, FOR AFfER-THE-FACT
V ARIANCES FROM THE REQUIRED SIDE YARD
SETBACKS FOR AN EXISTING POOL DECK RETAINING
W ALL, POOL SCREEN ENCLOSURE, AND TWO CONCRETE
ST AIRWAYS, ON PROPERTY LOCATED AT 496 FLAMINGO
A VENUE, NAPLES, 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, Petitioners Gregory W. Schuelke and Beverly J, Schuelke, as Trustees, and
DJN Family Limited Partnership are seeking after-the-fact variances from the required side yard
setbacks for an original pool deck retaining wall constructed in 1986, a replacement pool screen
enclosure constructed in 2004, and two existing concrete stairways; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of an after-
the-fact 4-foot variance from the required side yard setback of 10 feet to 6 feet for the original
pool deck retaining wall, an after-the-fact 2,7-foot variance from the required side yard setback
of 10 feet to 7,3 feet for the replacement pool screen enclosure, an after-the-fact 9.2-foot
variance from the required side yard setback of 10 feet to 0.8 feet for the southeasterly
replacement concrete stairway, and an after the fact 5,8-foot variance from the required 10-foot
side yard setback to 4.2 feet for the southwesterly concrete stairway, as shown on the attached
plot plan, Exhibit A, in the RSF-3 Zoning District for the property hereinafter described, and has
found as a matter of fact that satisfactory provision and arrangement have been made concerning
all applicable matters required by said regulations and in accordance with Section 9,04,00 of the
Zoning Regulations of said Land Development Code for the unincorporated area of Collier
County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board having considered all matters presented.
Page 1 of 2
.'...
'-78 ~,,.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
'7B
OF COLLIER COUNTY, FLORIDA, that:
The Petition V A-2004-AR-12477 filed by Christopher J, Thornton, Esq" of Cheffy,
Passidomo Wilson and Johnson, LLP, representing Gregory W, Schuelke and Beverly J,
Schuelke, as Trustees, and DJN Family Limited Partnership, with respect to the property
hereinafter described as:
Lot 1, Block U, CONNORS VANDERBILT BEACH ESTATES, UNIT NO, 3,
according to the plat thereof, recorded in Plat Book 3, Page 89, Public Records of
Collier County, Florida
be and the same hereby is approved for an after-the-fact 4-foot variance from the required side
yard setback of 10 feet to 6 feet for the original pool deck retaining wall, an after-the-fact 2,7-
foot variance from the required side yard setback of 10 feet to 7.3 feet for the replacement pool
screen enclosure, an after-the-fact 9.2-foot variance from the required side yard setback of 10
feet to 0,8 feet for the southeasterly replacement concrete stairway, and an after the fact 5,8-foot
variance from the required lO-foot side yard setback to 4.2 feet for the southwesterly concrete
stairway, as shown on the attached plot plan, Exhibit A, in the zoning district wherein said
property is located, subject to the following condition:
The 4-foot variance for the pool deck (also referred to as the retaining wall)
supporting the pool above the seawall; the 2,7-foot variance for the wire mesh
pool screen cage surrounding the pool atop the pool deck; the 9,2-foot
variance for the southeasterly stairway; and the 5,8-foot variance for the
southwesterly stairway; all shall be limited to the side yard encroachments as
depicted it the record survey with a date revisions of October l, 2007,
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007-AR-l2477 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:
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Approved as to form
and legal sufficiency:
k Jef ey A Klatzkow
U Chie ~ssistant County Attorney
Page 2 of 2
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'70"1""
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv" location, etc,)
******.**********.....**.*********.**....***.******...**.***.************.***..**.**.................
Originating Deptl Div: Comm,Dev.Serv./Planning Person: Willie Brown, AICP 'w Date: 3{'LL.\ J ot3
Petition No, (If none, give brief description):V A-2007-AR-12477, Schuelke Variance
Petitioner: (Name & Address):Chris Thornton, Cheffy, Passidomo, Wilson, and Johnson, 821 Fifth Ave South, Ste. 20t,
Naples, FL 34102
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Gregory W,
Schuelke Joint Revocable Living Trust 5/11/98, and DIN Family LTD PTNRSHP, A Wisconsin Limited PTNRSHP, 4636
Sonseeahray DL, Hubertus, WI 53033-9727
Hearing before Bee
BZA
Other
Requested Hearing date:
Aoril 22. 2008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: V A-2007-AR-12477, Gregory W. and Beverly
J. Schuelke, represented by Christopher 1. Thornton, of Cheffy, Passidomo, Wilson, and Johnson, Attorneys at Law, LLP, are
requesting 4 Variances for a project to be known as the Schuelke Variance, The Variance petition seeks approval of a 4-foot
variance for the pool deck (also referred to as the retaining wall) supporting the pool above the seawall: a 2.7 -foot variance for the
wire mesh pool screen cage surrounding the pool atop the pool deck; a 9,2-foot Variance for the southeasterly stairway; and a
5,g.foot variance for the southwesterly stairway; al! limited to that which is depicted as side yard encroachments in the Record
Survey shown with a revised date of October 1, 2007, The subject property is located at 496 Flamingo Avenue, in the
Connor's Vanderbilt Beach Estates, Unit 3. Lot I, Block U on 0.27 acres, Section 29. Township 48 South, Range 25 East,
Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
131-138326-649100
No ]f Yes, what account should be charged for advertising costs:
Revi~ 'rh. /Stvrall-:3~ /02/
Department Head Dat~ ?f;
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For heatings before BCC or BZA: [nitiating 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 fa.. 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,
*****.*....***.k......**.....**............***.....******.*...*~......w.**...*..*.**..*....*.....**..
FOR CLERK'S OFFICE USE ONLY:
Date Received 421L/{)~ Date of Public hearing: ~ Date Advertised: ~
~;7B
(~.,
RESOLUTION- 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA. RELATING TO PETITION
NUMBER VA-2007-AR-12477, FOR AFTER-THE-FAcr
VARIANCES FROM THE REQUIRED SIDE YARD
SETBACKS FOR AN EXISTING POOL DECK RETAINING
W ALL, POOL SCREEN ENCLOSURE. AND TWO CONCRETE
STAIRW A YS, ON PROPERTY LOCATED AT 496 FLAMINGO
AVENUE, NAPLES, 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 ofthe County, among which is the granting of variances; and
WHEREAS, Petitioners Gregory W, Schuelke and Beverly J, Schuelke, as Trustees, and
DIN Family Limited Partnership are seeking after-the-fact variances from the required side yard
setbacks for an original pool deck retaining wall constructed in 1986, a replacement pool screen
enclosure constructed in 2004, and two existing concrete stairways; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of an after-
the-fact 4-foot variance from the required side yard setback of 10 feet to 6 feet for the original
pool deck retaining wall. an after-the-fact 2,7-foot variance from the required side yard setback
of 10 feet to 7,] feet for the replacement pool screen enclosure,. an after-the-fact 9.2-foot
variance from the required side yard setback of 10 feet to 0.8 feet for the southeasterly
replacement concrete stairway, and an after the fact 5,8-foot variance from the required lO-foot
sidc yard setback to 4.2 feet for the southwesterly concrete stairway, as shown on the attached
plot plan, Exhibit A, in the RSF-3 Zoning District for the property hereinafter described. and has
found as a matter of fact that satisfactory provision and arrangement have been made concerning
all applicahle 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.
Page J of2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
~_I, !.C1;"'
7 B f;~: /'
,I" '
OF COLLIER COUNTY, FLORIDA, that:
The Petition VA-2004-AR-12477 filed by Christopher J. Thornton, Esq., of Cheffy,
Passidomo Wilson and Johnson, LLP, representing Gregory W. Schuelke and Beverly J.
Schuelke, as Trustees, and DJN Family Limited Partnership, with respect to the property
hereinafter described as:
Lot 1, Block U, CONNORS VANDERBILT BEACH ESTATES, UNIT NO, 3,
according to the plat thereof, recorded in Plat Book 3, Page 89, Public Records of
Coilier County, Florida
be and the same hereby is approved for an after-the-fact 4-foot variance from the required side
yard setback of 10 feet to 6 feet for the original pool deck retaining wall, an after.the.fact 2,7-
fOOl variance from the required side yard setback of 10 feet to 7.3 feet for the replacement pool
screen enclosure, an after-the-fact 9.2-foot variance from the required side yard setback of 10
feet to 0,8 feet for the southeasterly replacement concrete stairway, and an after the fact 5.8-foot
variance from the required 10-foot side yard setback to 4.2 feet for the southwesterly concrete
stairway, as shown on the attached plot plan. Exhibit A, in the zoning district wherein said
property is located, subject to the following condition:
The 4-foot variance for the pool deck (also referred to as the retaining wall)
supporting the pool above the seawall; the 2.7-foot variance for the wire mesh
pool screen cage surrounding the pool atop the pool deck; the 9.2-foot
variance for the southeasterly stairway; and the 5,8-foot variance for the
southwesterly stairway; all shall be limited to the side yard encroachments as
depicted it the record survey with a date revisions of October 1, 2007,
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007-AR-12477 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
COLLffiR COUNTY, FLORIDA
By:
. Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Approved as to form
and legal sufficiency:
k Jef ey A. Klatzkow
U Chic r>.ssistant County Attorney
Page 2 of2
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March 26, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Petition V A-2007-AR-12477, Schuelke Variance
Dear Legals:
Please advertise the above referenced petition on Sunday, April 6, 2008 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved to this
office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.!Account # 131-138326-649100
'..":78"""
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, April 22,
2008, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. The title of the
proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2007-AR-
12477, FOR AFTER-THE-FACT VARIANCES FROM THE REQUIRED SIDE
YARD SETBACKS FOR AN EXISTING POOL DECK RETAINING WALL, POOL
SCREEN ENCLOSURE, AND TWO CONCRETE STAIRWAYS, ON PROPERTY
LOCATED AT 496 FLAMINGO AVENUE, NAPLES, FLORIDA
Petition: VA-2007-AR-12477, Gregory W. and Beverly J. Schuelke,
represented by Christopher J. Thornton, of Cheffy, passidomo,
Wilson, and Johnson, Attorneys at Law, LLP, are requesting 4
Variances for a project to be known as the Schuelke Variance. The
Variance petition seeks approval of a 4-foot variance for the pool
deck (also referred to as the retaining wall) supporting the pool
above the seawall; a 2.7-foot variance for the wire mesh pool
screen cage surrounding the pool atop the pool deck; a 9.2-foot
Variance for the southeasterly stairway; and a 5.8-foot variance
for the southwesterly stairway; all limited to that which is
depicted as side yard encroachments in the Record Survey Shown
with a revised date of October 1, 2007. The subject property is
located at 496 Flamingo Avenue, in the Connor's Vanderbilt Beach
Estates, Unit 3, Lot 1, Block U on 0.27 acres, Section 29,
Township 48 South, Range 25 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
! 781 :Jt1~
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252-8380; Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
'-t:"Ollllty of Cbllier
\.--,
CLERK OF THE CI~CU~T COURT
COLLIER COUNTY COURT~OUSE
330 I T AMIAMI lZR,AIL EAST
P,O, BO~ 413044,
NAPLES, FLORIDA'!4101-3044
*
1178
~~~ '
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,
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 26, 2008
Gregory W. Schuelke Joint Revocable Living Trust
DJN Family L TD PTNRSHP
A Wisconsin Limited PTNRSHP
4636 Sonseeahray Dr.
Hubertus, WI 53033-9727
RE: V A-2007-AR-12477, Schuelke Variance
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
.. /Ju:ft^-LL7 ~
Martha Vergara, /'
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
tet)IDlty of COllier
~_. ,
CLERK OF THE elR.. CUJT COURT
COLLIER COUNTY d::OURT~OUSE
3301 TAMIAMI T,~IL EAST
P.O. BO~ 413044~
NAPLES, FLORIDA':t4101-3044
.
11\8
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 26, 2008
Cheffy, Passidomo, Wilson and Johnson
Attorneys at Law, LLP
Christopher J. Thornton
821 Fifth Ave South
Suite 201
Naples, FL 34102
RE: V A-2007-AR-12477, Schuelke Variance
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008.
Yau are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.fl.us
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Martha S. Vergara
JH~'1~
From:
Sent:
To:
Subject:
postm aster@collierclerk,com
Friday, March 28, 2008 10:44 AM
Martha S, Vergara
Delivery Status Notification (Relay)
Attachments:
A TT 447200. txt; V A-200? -AR-124 77 -Schuelke Variance
i!:'l
~
f,r;;:::--""/l /
l:::j
ATT447200.txt
(231 B)
VA-2007-AR-12477
-Schuelke Vari."
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
f7B
Martha S. Vergara
Page 1 of 1
~. ~':~ l"~,
l' 'Q
From: Perrell, Pam [PPerrell@Naplesnews,com]
Sent: Friday, March 28, 2008 11 :57 AM
To: Martha S, Vergara
Subject: RE: VA-2007-AR-12477-Schuelke Variance
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Friday, March 28, 2008 10:44 AM
Posted To: Legals - NDN
Conversation: VA-2007-AR-12477-Schuelke Variance
Subject: VA-2007-AR-12477-Schuelke Variance
Pam
Here is another one
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
3/28/2008
78
Th.Th,
NAPLES DAILY NEWS
Published Daih
Naples, FL .1-+ 102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared B. Lamb. who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples. in Collier County,
Florida: distributed in CoIlier and Lee counties of Florida: that
the attached copy of the advertising, being a
PUBLIC NOTICE
III the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
On April 6th. 2008
Affiant fltrther says that the said Kaples Daily :\ews is a newspaper
Published at Napks. in collIer county. Florida and that the said
newspaper has hereto"lfe been continuously puhlished in said Collier
Cmtnty, Florida: distrihutcd in Collier and Lee counties of Florida,
each day and has becn entered as second class mailmattcr at the post
onice in "apks. in said Collier County, Florida, for a period of I
\ear I1C.\t preceding the lirst puhlication oflhc attached copy or
ad\ crtisclllcnl: and "niant Illrthcr says that he has neither pald nor
pn.nllis~J all~ pI...'TSOIl. linn ur Lorporalioll any dis~uullt. Il...'bah.:.
C0I11I11I"I<'11 or rellllld f,)r the purposc of securing this ad\ertisclllent I,)r
publicatioll in thc said ne\\ spapcr.
,fl. ~
( Signall~nt)
Sworn to and subscribed before me
This Glh. Day Of April 2008
~ /
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~_._ _~ZL.< ___~_
(Signature uolarv PUbl~
,...,:if.rH:.6;.... NANCY EVA!';::; _"
f:'~/l'j.:',t*% CommiSSion DO 6011'."
~.~~~E Expires July 18, 2011 . 01
FEI -()_ r78< J1'/,f";.\.'t. IJondedThruTroyFatntnsuranceB()().3S5-7.
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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 on pink paper, Attach to original document Original documents should be hand delivered to the Board Oftice, The completed routing slip and original
documents are to be forwarded to the Board Oftice only !!fttl: 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 ature, draw a line throu h routin lines #1 throu h #4, com Jete the checklist, and forward to Sue Filson line #5).
Office Initials Date
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval, Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,)
Name of Primary Staff Willie Brown
Contact
Agenda Date Item was 4/22/08
A roved b the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Court's Office
213-2993
7B
Yes
( Initial
X
N/A (Not
A Iicable)
Phone Number
Agenda Item Number
Resolution
N umber of Original
Documents Attached
X
X
X
X
X
./ \1.1>
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 4/22/08 (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.
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.
,__~....".._,_,.._,..__.._d"'d"'_'~"'_"""~"''''''_;''''''_,"Il<'~___'l,__""""'_O\;OI_$lJ<l",_<,'''.lb''I_'__''''_''I_d,t.*",,"_''''"'."".",'".......""",'~-,_........_-...'...".-
RESOLUTION NO, 08- ~O
-78
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2007-AR-12477, FOR AFTER-THE-FACT
V ARIANCES FROM THE REQUIRED SIDE YARD
SETBACKS FOR AN EXISTING POOL DECK RETAINING
W ALL, POOL SCREEN ENCLOSURE, AND ONE CONCRETE
STAIRWAY, ON PROPERTY LOCATED AT 496 FLAMINGO
AVENUE, NAPLES, 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, Petitioners Gregory W. Schuelke and Beverly J. Schuelke, as Trustees, and
DJN Family Limited Partnership are seeking after-the-fact variances from the required side yard
setbacks for an original pool deck retaining wall constructed in 1986, a replacement pool screen
enclosure constructed in 2004, and two existing concrete stairways; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of an after-
the-fact 4-foot variance from the required side yard setback of 10 feet to 6 feet for the original
pool deck retaining wall, an after-the-fact 2.7-foot variance from the required side yard setback
of 10 feet to 7.3 feet for the replacement pool screen enclosure and an after-the-fact 9.2-foot
variance from the required side yard setback of 10 feet to 0,8 feet for the southeasterly
replacement concrete stairway, as shown on the attached plot plan, Exhibit A, in the RSF-3
Zoning District for the property hereinafter described, and has found as a matter of fact that
satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Section 9,04.00 of the Zoning Regulations of
said Land Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
The Petition V A-2004-AR-12477 filed by Christopher J. Thornton, Esq., of Cheffy,
Passidomo Wilson and Johnson, LLP, representing Gregory W. Schuelke and Beverly J.
Page I of 2
Revised 4/23/08
'7B
Schuelke, as Trustees, and DJN Family Limited Partnership, with respect to the property
hereinafter described as:
Lot I, Block U, CONNORS VANDERBILT BEACH ESTATES, UNIT NO.3,
according to the plat thereof, recorded in Plat Book 3, Page 89, Public Records of
Collier County, Florida
be and the same hereby is approved for an after-the-fact 4-foot variance from the required side
yard setback of 10 feet to 6 feet for the original pool deck retaining wall, an after-the-fact 2.7-
foot variance from the required side yard setback of 10 feet to 7.3 feet for the replacement pool
screen enclosure and an after-the-fact 9.2-foot variance from the required side yard setback of 10
feet to 0.8 feet for the southeasterly replacement concrete stairway, as shown on the attached plot
plan, Exhibit A, in the zoning district wherein said property is located, subject to the following
condition:
1. The 4-foot variance for the pool deck (also referred to as the retaining wall)
supporting the pool above the seawall; the 2.7-foot variance for the wire mesh
pool screen cage surrounding the pool atop the pool deck and the 9.2-foot
variance for the southeasterly stairway shall be limited to the side yard
encroachments as depicted it the record survey with a date revision of October I,
2007.
2. If the residential dwelling structure is destroyed for any reason, to an extent equal
to or greater than 50 percent of the actual replacement cost of the structure at the
time of its destruction, all reconstruction of the structure and accessory structures
must conform to the provisions of the Land Development Code in effect at the
time of reconstruction.
3. The southwesterly stairway as depicted on the attached survey, Exhibit A, shall be
removed within 90 days of approval of this variance petition by the Board of
Zoning Appeals,
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007-AR-12477 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this ;Jl'd day of
A r~\ ,. ;;;O,;r' 2008,
'. ~'" .. ' ),'
ATTEST: 'r:.
DWIC1HTJ:i.:"gl~J)(~l(, GLERK
- ~- .~ -.. -<
BOARD OF ZONING APPEALS
COLLIER CO NTY, FLORIDA
.
Approved as to form
and legal sufficiency:
Page 2 of 2
rtl
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-1l1r~'t:~ on . ~d.ttd:. -/)h{.v:'~
Jeffrey . Klatzkow
Chief Assistant County Attorney
Revised 4/23/08
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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.)
w*******..**.**********************..****..*....***...*....*******...*****..******************._*****
Originating Deptl Div: Comm,Dev,Serv.lPlanning Person: Melissa Zone Date: ~/rJ-5"/ &if
Petition No, (If none, give brief description):CUR-200S.AR-12955,
Petitioner: (Name & Address): R Bruce Anderson, Esq., Roetzel & Andress, LPA, 850 Park Shore Dr" Naples, FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mining
Ventures, LLC, 3606 Enterprise Ave" Naples, FL 34104
Hearing before BCC
aZA
Other
Requested Hearing date:
April 22, 2008
Based on advertisement appearing 15 days before hearing,
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Oth er
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CUR-2008-AR-12955, Mining Venture, LLC.,
represented by R, Bruce Anderson of Roetzel & Andress, is requesting a Conditional Use Review (CUR) as required by
Condition Number three (3) of the approved Resolution Number 07-274 for earth mining in the Rural Agriculture Mobile
Home Overlay (A-MHO) Zoning District 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 3S & 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,
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:
Approved by:
'3 - z '5-0 '(
Date
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document Is involved, be sure that any necessary legal
review, Dr 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.
*******..*.~*..***.*.*********w**...*******..***.*******.*.....***.*.****..**...~*...*.**********.*..
FOR CLERK'S OFFICE USE ONLY: ill/. In
Dol' R,,,;vod ~ D't< of P"bli, h""og' 1\ -nf O~ Dote Adv""",', ~&
Page 1 of 1
Martha S. Vergara
17C
-'~~<~.~----"_._--~~____<_______,~,_____>_<~_~~__.,.~..W'~~"_"~_"'"~"__<~~~_~~_'>'<'_~<~~_~<~_~~_'"^~'''_~<~^.__."<.'________,_,~__,~<_
From: RamirezHeather [HeatherRamirez@colliergov,net]
Sent: Wednesday, March 26, 2008 8:33 AM
To: Patricia L, Morgan; Martha S, Vergara
Subject: GUR-2008AR-12955 Legal Ad
Attachments: 4-22-08 GUR-2008-AR-12955 Legal Ad,pdf
Here is one of the legal ads for the 4-22-08 Bee Meeting advertising. There are a total of 5 legal ads
coming your direction, His one does not have any attachments nor does it have a resolution or
ordinance.
Heather L. Ramirez
Planning Technician
Zoning & Land Development Rcview
Ph: (239)-252-2930
Fax: (239)-252-6366
email: HeatherRamirez(({colliergov.net
'-'~,
--... ----~""
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~~~
3/26/2008
17C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv" location, etc,)
*k***************************************************************************************************
Originating Deptl Div: Comm,Dev.ServJPlanning Person: Melissa Zone ,~Date: '3/ 'fJ-~/t:J if
Petition No. (If none, give brief description):CLJR-2008-AR-12955, SR~Land Trust Earth Mine
Petitioner: (Name & Address): R Bruce Anderson. Esq" Roetzel & Andress, LP A, 850 Park Shore Dr., Naples, FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mining
Ventures, LLC, 3606 Enterprise Ave., Naples, FL 34104
Hearing before BCC
BZA
Other
Requested Hearing date:
April 22, 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: CUR-2008-AR- 12955, Mining Venture, LLC,
represented by R. Bruce Anderson of Roetzel & Andress, is requesting a Conditional Use Review (CUR) as required by
Condition Number three (3) of the approved Resolution Number 07-274 for earth mining in the Rural Agriculture Mobile
Home Overlay (A-MHO) Zoning District. 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 I & 2, Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846,
Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
13]-]38326-649100
No [f Yes, what account shou ld be charged for advertising costs:
Reviewed by:
Approved by:
- L li-0 ~
Date
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file,
*k***************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: __ Date 01 Public hearing:
Date Advertised:
'7C
March 26,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CUR-2008-AR-12955, SR-846 Land Trust Earth Mine
Dear Legals:
Please advertise the above referenced notice on Sunday, April 6, 2008 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O./Account # 131-138326-649100
7C
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, April 22,
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 Board will consider Petition: CUR-2008-AR-12955, Mining
Venture, LLC., represented by R. Bruce Anderson of Roetzel &
Andress, is requesting a Conditional Use Review (CUR) as
required by Condition Number three (3) of the approved
Resolution Number 07-274 for earth mining in the Rural
Agriculture Mobile Home Overlay (A-MHO) Zoning District. 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.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with 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
'7C
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
, \;-en~iY-'~rC:O'Vier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY <tOURT~OUSE
3301 TAMIAMI 1Z~IL EAST
P.O. BOX 413044'.,
NAPLES, FLORIDA'~4101-30~4
..
'7C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 26, 2008
Roetzel & Andress, LP A
R. Bruce Anderson
850 Park Shore Dr.
Naples, FL. 34103
Re: Notice of Public Hearing to consider Petition CUR-2008-AR-12955
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
~
Enclosure
Phone- (239) 732-2646
Web site- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
l-ebupty'of Collier
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY <tOURT'OUSE
3301 TAMIAMI ~MIL EAST
P.o. BOt 413044\
NAPLES, FLORIDAl1101-30~4
*1
.y
~'("'7C
. ~:1:' .
fl.,l,
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 26, 2008
Mining Ventures, LLC
3606 Enterprises Ave.,
Naples, FL. 34104
Re: Notice of Public Hearing to consider Petition CUR-2008-AR-12955
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara, Deputy Clerk
Enclosure
__~._____"a "___._..."_.",,,,,,..,,,,~..,..._,.,,_._.,,~..._.~,..~,_~~~~_.."_......,,,,,,,.'~,"_~_'L'."',.-~_~",,,,,,,,,.w...,,,.____.,>._,._
Phone- (239) 732-2646
Website- www.clerk.collier.f1.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
7C
Martha 5. Vergara
From:
Sent:
To:
Subject:
postm aster@collierclerk,com
Friday, March 28, 2008 10:27 AM
Martha S, Vergara
Delivery Status Notification (Relay)
Attachments:
ATT446491.txt; GUR-2008-AR-12955 - Land Trust Earth Mining
lB
ATT446491.txt CUR-2008-AR-1295
(231 B) 5 - Land Trust...
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
ILL~_
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews,com]
Sent: Friday, March 28, 2008 12:02 PM
To: Martha S, Vergara
Subject: RE: CUR-2008-AR-12955 - Land Trust Earth Mining
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk,com]
Posted At: Friday, March 28, 2008 10:27 AM
Posted To: Legals - NDN
Conversation: CUR-2008-AR-12955 - Land Trust Earth Mining
Subject: CUR-2008-AR-12955 - Land Trust Earth Mining
Pam
Here is another one
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
3/2812008
Page 1 of 1
Teresa L. Polaski
lZ "
."mmm.mm"'m' . ".~,C...~m.."
From: RamirezHeather [HeatherRamirez@colliergov,net]
Sent: Monday, March 31,20088:54 AM
To: Patricia L, Morgan
Cc: ZoneMelissa
Subject: Title Change for April 22nd BCC
Attachments: CUR-2008-AR-12955 Title,doc
Trish,
Here is that title that I spoke to you about this morning. The AR# is CUR-2008-AR-12955.
Heather L. Ramirez
-.........:,~, __wi"""
."'--.
-'
,~
3/31/2008
'17C
Petition: CUR-2008-AR-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.
Error! Unknown document property name.
Page 1 of 1
t
7C
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews,com]
Sent: Monday, March 31, 2008 9:06 AM
To: Martha S, Vergara
Subject: RE: GUR-2008-AR-12955 Land Trust Earth Mine
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Monday, March 31, 2008 9:03 AM
Posted To: Legals - NDN
Conversation: CUR-2008-AR-12955 Land Trust Earth Mine
Subject: CUR-2008-AR-12955 Land Trust Earth Mine
Importance: High
Pam,
Please kill the above mentioned ad, I will resend with the title corrections as soon as I get it..
Thanks
Martha Vergara
Deputy Clerk II - BMR
252-7240
3/31/2008
Martha S. Vergara
r' ,; 7 C ~;~ ~ ~'" .
From:
Sent:
To:
Subject:
postmaster@collierclerk,com
Monday, March 31, 20089:03 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT563756.txt; CUR-2008-AR-12955 Land Trust Earth Mine
lEj."",.-.....
(V";
I~o
r::'>l
~
ATT563756,txt CUR-2008-AR-1295
(231 B) 5 Land Trust L.
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
~~
'~~7 C
March 31, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CUR-2008-AR-12955, SR-846 Land Trust Earth Mine
Dear Legals:
Please advertise the above referenced notice on Sunday, April 6, 2008 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O./Account # 131-138326-649100
II-;}' ,
"w\.;
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, April 22,
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 Board will consider Petition: CUR-2008-AR-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.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of the
agenda item to be addressed. Individual speakers will be limited
to 5 minutes on any item. The selection of an individual to speak
on behalf of an organization or group is encouraged. If recognized
by the Chair, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to
the public hearing. All material used in presentations before the
Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with 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
~7C
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
, -I ,~-...
:-ebup!y'of C:'oUier
CLE~O?L~E;~~~~foS~~~U~EOUR T
3301 TAMIAMI T\RAIL E.~ST
P.O. BOX 413044,
NAPLES, FLORIDA '{4101-3044
*
~ild7C
.!.,.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 31, 2008
Roetzel & Andress, LP A
R. Bruce Anderson
850 Park Shore Dr.
Naples, FL. 34103
Re: Notice of Public Hearing to consider Petition CUR-2008-AR-12955
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.t1.us
Fax-(239) 775-2755
Email-collierclerk(@.clerk.collier.t1.us
Dwight E. Brock
Clerk of Courts
-eoup!yof Collier
CLERK OF THE CIRcU~T COURT
COLLIER COUNTY (j:OURT'10USE
3301 TAMIAMI TRAIL EAST
P.O. BOt: 413044
NAPLES, FLORIDA'~~ 10 1-3044
*
file r~~\,~'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 31, 2008
Mining Ventures, LLC
3606 Enterprises Ave.,
Naples, FL. 34104
Re: Notice of Public Hearing to consider Petition CUR-2008-AR-12955
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008.
Yau are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Emai 1- collierclerk(@,clerk.collier.fl.us
Martha S. Vergara
'7C
From:
Sent:
To:
Subject:
postmaster@colliercierk.com
Monday, March 31,2008 10:59 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT570721.txt; Cocohatchee Bay PUD Settlement and Release
~.1
li:J
F~--;l
L.:J
ATT570721.txt
(231 B)
Cocohatchee Bay
PUD Settlement...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha S. Vergara
~:"''''<i'7C
,~,:
,~. ,
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, March 31 . 2008 11: 13 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT571180.txt; CU-2008-AR-12955 - Land Trust Earth Mine (w/corrections)
';'1
~
1':-71
L:J
ATT571180.txt CU-2008-AR-12955
(231 B) - Land Trust ...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
Martha S. Vergara
17C
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Monday, March 31,2008 1 :48 PM
To: Martha S. Vergara
Subject: RE: CU-2008-AR-12955 - Land Trust Earth Mine (w/corrections)
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Monday, March 31, 2008 11:13 AM
Posted To: Legals - NDN
Conversation: CU-2008-AR-12955 - Land Trust Earth Mine (w/corrections)
Subject: CU-2008-AR-12955 - Land Trust Earth Mine (w/corrections)
Pam,
Here is the ad from earlier today with the corrections to the title.
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
3/3112008
Th.Th,
NAPLES DAILY NEWS
Published Daih
1\aples. FL 14102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they sene as the authority. personally
appeared B, Lamb. who 011 oath says that they
serve as the Assistant Corporate Secrctary of the Naples Daily.
a daily newspaper publishcd at Naples. in Collicr County.
Florida: distributed in Collier and Lee counties of Florida: that
thc al1ached copy of the advcrtising. being a
PUBLIC NOTlC(~
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
On April 6th. 2008
,\l1iant fimher savs that the said "iaples Daily l\ews is a newspaper
Puhlished at Naples. in collier countv, Florida and that the said
newspaper has herclof()re heen continuously published in said Collier
Counl\', F(1)rida: distnbuted in Collier and l,ee counties of Florida,
each day and has been entered as second class mail matter at the post
ollie..: III ~apk~. in said Collier COllnt~.. l;)ofida, for a period of 1
\ear nest preceding the jirsL publication of the attached copy of
ad\eI1isement: and amant further says that he has neither paid nor
pruI11i:-;l2d any p...Tsull, finn or corporation any disLuunt, r.;bak,
comIni~sion or re1t~nd for the purpose or s.:curing this athcrtis~mc.:nt for
publ ication in the said newspaper.
(Signat(ii ~lffj(~~-~
Sv,orn to and subscribed before me
This ()tlt. Day Of April 2008
_~?~e~ ~~V)
(Signature of notary J6{blic)
,\"'~I't",,
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FEI 5l)-257X,n ,./If"nI'
NANCY EVANS
Commission DO 657030
Expires July 18, 2011
Bonded Thru Troy Fetn Insurance 800-385-7019
7C
BOARD OF CDUNTY
COM~SSIONDS
~ qJ;.\o.t~f{.C 0 U N TV ,
T'8II'Al~N1NCI. CHAIR.
M~N
DWIGHT E. tROCK,
CLERK
Irl. Martha Vergara,
rs'lA'trCltrk I
kr.k ,.,. No. 1688496
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
8A
To: Clerk to the Board: Please place the following as a:
x Normal legal Advertisement
(Display Adv., location, etc.)
D Other:
**********************************************************************************************************
Originating Dept! Div: Collier County Attorney's Office
Person: Colleen Greene
Date: March 27, 2008
Brief Description: Collier County Intersection Safety Ordinance
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.) April 22, 2008
Newspaper(s) to be used: (Complete only if important):
x Naples Daily News
D Other
D Legally Required
Proposed Text: (Include legal description & common lo~ation & Size):
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, CREA~~ ~EW ARTICLE III IN CHAPTER
78 OF THE CODE OF LAWS AND ORDINANCES OF COL~I OYNTY TITLED THE "COLLIER
COUNTY INTERSECTION SAFETY ORDINANCE;" i' VI. ~ DEFINITIONS; REQUIRING
ADHERENCE TO TRAFFIC CONTROLS; PROVIDIN {i)R--EXCEPTlONS AND PENAL TIES;
REQUIRING NOTICE OF CODE VIOLATIONS; PROVIDt . OBLIGA TIONS OF VEHICLE OWNER;
PROVIDING FOR APPEALS; PROVIDING A SIXTY .' GRACE PERIOD; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCI USION INTO THE CODE OF LAWS AND
ORDINANCES; PROVIDING THE EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? x Yes D No If Yes, what account should be charged for advertising costs:
Colli County Manager's Office: 001-1001910-649100
r
;$d1L
Date
Approved by:
County Manager
Date
DISTRIBUTION INSTRUCTIONS
8A
~
A. For hearings before BCC or BZA: Initiating person to complete one coy 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 Manager. The Manager's office will
distribute copies:
D County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ~7~r,J t.L1?.J f)<i ul.. I ill""
Date Received: ~ Date of Public hearing: ~ Date Advertised: ~
8A
MI ~'"
, h
I
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the
Collier County Intersection Safety Ordinance to authorize use of unmanned
cameras at road intersections and to enforce Ordinance violations of vehicles
running red traffic lights.
OBJECTIVE: Recommendation that the Board of County Commissioners ("Board") approve
the Collier County Intersection Safety Ordinance to authorize the use of unmanned cameras and
to enforce ordinance violations of vehicles running red lights at road intersections.
CONSIDERATIONS: On July 25, 2007, the Board requested that the County Attorney's
Office work in cooperation with the Sheriffs Legal Office to draft and advertise an ordinance to
authorize the use of unmanned cameras at intersections throughout the County.
The Ordinance provides that the Sheriff's Office, or designee, will be responsible to issue the
Notices of Violation, and the Code Enforcement Department will be responsible for enforcement
of the Notices of Violation. Violations may be appealed to the Special Master. The civil fine for
violation of this Ordinance is one-hundred twenty-five ($125.00) dollars.
Use of unmanned cameras at intersections is anticipated to be cost effective by reducing
manpower costs and reduce accidents at road intersections.
Staff requests Board direction to solicit bids for the installation and monitoring of the unmanned
camera systems.
FISCAL IMPACT: Unknown. However similar systems currently operating in other areas are
either self-supporting or are generating revenues after accounting for the costs to install the
unmanned camera systems.
GROWTH MANAGEMENT: Adoption of this proposed Ordinance will have no growth
management impact.
LEGAL CONSIDERATIONS: This Ordinance has been reviewed and approved for form and
legal sufficiency by both the County Attorney's Office and the Sheriff's Legal Counsel.
RECOMMENDA TION: That the Board of County Commissioners approve the Collier County
Intersection Safety Ordinance which has been duly advertised.
Prepared by:
Colleen M. Greene
Assistant County Attorney
Capt. Michael Hedberg
Collier County Sheriff s Office, Legal Advisor
ORDINANCE NO. 2008 -
~ 8 A 't;~~~.
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, CREATING A NEW
ARTICLE III IN CHAPTER 78 OF THE CODE OF LAWS AND ORDINANCES
OF COLLIER COUNTY TITLED THE "COLLIER COUNTY INTERSECTION
SAFETY ORDINANCEj" PROVIDING DEFINITIONS; REQUIRING
ADHERENCE TO TRAFFIC CONTROLS; PROVIDING FOR EXCEPTIONS
AND PENALTIES; REQUIRING NOTICE OF CODE VIOLATIONS;
PROVIDING OBLIGATIONS OF VEHICLE OWNER; PROVIDING FOR
APPEALS; PROVIDING A SIXTY DA Y GRACE PERIOD; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE
CODE OF LAWS AND ORDINANCESj PROVIDING THE EFFECTIVE DATE.
WHEREAS, Collier County is a high density traffic area and regularly
experiences traffic incidents related to the failure of drivers of vehicles to obey traffic
control devices, including traffic lights, which failures expose individuals to the dangers
of personal injury or death and damage to property; and
WHEREAS, use of unmanned cameras can be an effective means to encourage
vehicle owners to obey traffic control devices and entrust their vehicles only to
responsible drivers, and to discover and impose civil fees upon owners of vehicles if the
driver of the owner's vehicle fails to strictly adhere to traffic control devices, thereby
freeing law enforcement personnel and other resources to be more efficiently utilized in
responding to other offenses; and
WHEREAS, Florida counties and municipal corporations have demonstrated
increased vehicular and pedestrian traffic safety attributable to use of unmanned cameras
at road intersections; and
WHEREAS, Florida Attorney General Opinion 97-06 opines that Florida
counties and municipalities cannot issue a Uniform Traffic Citation to cite violations of
Section 316.075, Florida Statutes, unless the violation is personally viewed by an
enforcement officer; and
WHEREAS, Florida Attorney General Opinion 2005-41 confirms the County's
authority to enact this Ordinance to make failure of a vehicle driver to obey a traffic light
or traffic control sign is enforceable as a violation of this Ordinance by use of unmanned
camera to record the violation, including the license tag of the vehicle; and
WHEREAS, pursuant to section 316.008(1 )(w), Florida Statutes, Collier County
may lawfully enforce this Ordinance by authorized Deputy Sheriffs reviewing images
recorded by a traffic violation photographic system; and
WHEREAS, any Traffic Control Infraction Review Officer can lawfully issue
Notices of Violation of this Ordinance (Article) to a registered owner of the offending
vehicle, but cannot lawfully issue a Uniform Traffic Citation to cite such Ordinance
violation, and shall not refer any such Ordinance violation for enforcement by a court of
law; and
WHEREAS, no violation of this Ordinance shall result in any points as provided
in Section 322.27, Florida Statutes, or otherwise, nor be any basis for suspension or
revocation of any driving privilege; and
WHEREAS, the Board finds that implementation of this enforcement program
will promote, protect and improve the health, safety and welfare of individuals and
protect property consistent with Florida's Constitution and Florida Statutes.
Page 1 of 8
, 8 A
f' 1': "~'''4
1" ,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that a new Article III in
Chapter 78 of the Code of Laws and Ordinances of Collier County is hereby created to
read as follows:
SECTION ONE. TITLE AND APPLICATION OF THIS ARTICLE.
This Article is titled and may be cited as the "Collier County Intersection Safety
Ordinance." This Article applies only to violations at intersections monitored by the
County's traffic violation photographic system.
SECTION TWO. DEFINITIONS.
The following words, terms, and phrases, when used in this Article, shall have the
meanmgs herein ascribed to them, unless the context clearly indicates a different
meamng:
Intersection means the area embraced within the prolongation or connection of
the lateral curb line; or if none, then the lateral boundary lines of the roadways of two
roads which join or intersect one another at, or approximately at, right angles; or the area
within which vehicles traveling upon different roads joining at any other angle may come
in conflict. As to unlawful turns from an intersection, the turn can include, but is not
necessarily limited to, entering into an alley, private road, service road or driveway.
Owner means the individual or entity holding legal title of the vehicle, or, in the
event a vehicle is the subject of an agreement for conditional sale or lease thereof with
the right of purchase upon performance of conditions stated in such agreement and with
an immediate right of possession vested in the conditional vendee or lessee, or in the
event a mortgagor of a vehicle is entitled to possession, such conditional vendee, lessee
or mortgagor shall be deemed to be the owner of such vehicle for purposes ofthis Article.
Recorded Image means an image recorded by the traffic violation photographic
system by photographs, electronic images, digital images, digital or video movie, or by
any other medium that records a moving violation of this Article.
Traffic control signal (traffic light) means a traffic control device that exhibits a
light that is steady (including turn arrow) or is flashing. The lights are green, yellow and
red.
Traffic Control Infraction Review Officer means any law enforcement officer
employed by the Collier County Sheriffs Office who meets the requirements of Section
943.13, Florida Statutes, or its successor in function.
Traffic violation photographic system means a device (camera) that makes a
recorded image of the respective vehicle traveling into or through the intersection.
Vehicle means every device in, upon, or by which any individual or property is or
may be transported or drawn upon a road, street or highway, excepting only such device
designed exclusively for operation upon stationary rails or stationary tracks.
Definitions in Florida Statutes may be referred to if relevant, including with
regard to appeals. Singular words include the plural where the context permits. "Notice
of Code Violation" includes "violations" if more than one violation is cited.
Page 2 of8
8 A ~..
SECTION THREE. ADHERENCE TO TRAFFIC CONTROLS.
Each of these violations is classified as a moving violation by Florida Statute.
(a) Steady red traffic light. The driver (operator) of a vehicle shall not allow any
portion of the front-most part of that vehicle to encroach over a vertical extension of the
nearest part of the intersection, intersection line, crosswalk line or "stop here on red" line,
as applicable at the intersection after the steady red traffic light has turned red and until
the red traffic light has turned green. A steady red traffic light includes a steady red ball,
a steady left turn arrow, or a steady red turn arrow that in conjunction with a "no turn on
red" sign or substantially similar sign, prohibits turning a vehicle at that intersection at
that time. This violation occurs whether the vehicle proceeds through the intersection or
makes a turn at or in the intersection, including a U-turn. Each violation of this
subsection is a violation of this Article. (Refer to Subsection 316.075(1)( c), Florida
Statutes, - Steady red indication).
(b) Flashing red traffic light. A vehicle driver approaching a flashing red traffic
light at an intersection shall obey that light as if a stop sign. A vehicle driver who does
not bring such vehicle to a complete stop before allowing any part of the vehicle to enter
into the intersection, intersection line, crosswalk line or "stop here on red" line, as
applicable, is a violation of this Article. The driver's right to proceed shall be subject to
rules that apply to a stop sign. (Refer to Sec. 316.076, Florida Statutes, - Flashing
signals).
(c) Inoperable or malfunction traffic light. Failure of a vehicle driver to treat an
inoperable traffic light or malfunctioning traffIC light as a stop sign is a violation of this
Article. (Refer to Sec. 316.1235, Florida Statutes, - Vehicle approaching intersection in
which traffic lights are inoperative).
SECTION FOUR. EXCEPTIONS. The owner of the vehicle shall be responsible for
paying the civil fee for the noticed violation of this Article listed in Section Three, above,
except:
(a) If the vehicle was being operated without expressed or implied permission
from the vehicle's owner. This exception applies only if the vehicle's owner signs and
submits a "sworn and subscribed to" affidavit to the Collier County
Code Enforcement Department either within twenty-one (21) days after receipt of a
Notice of Code Violation or at the Special Master's hearing. The affidavit must
specifically assert, if true, that the driver was driving the vehicle without expressed or
implied permission from the vehicle's owner, and must include the vehicle driver's full
name, complete and current street address, the vehicle operator's Driver's License
number, and specify in meaningful detail how the driver came into possession of that
vehicle without express or implied permission from the vehicle's owner; or in the
alternative, if applicable, must have attached to the affidavit a true copy of a valid stolen
vehicle report filed with a law enforcement agency. The following sentence must be in
Page 3 of 8
'8~
the affidavit immediately above the affiant's signature line: "Under penalties of perjury, I
declare that I have read the foregoing affidavit and all facts stated herein are true.";
(b) If the driver of such vehicle is issued a Florida Uniform Traffic Citation for
the corresponding violation of Florida Statutes that occurred at that intersection at that
same date and time;
(c) If the vehicle was an authorized emergency vehicle or other vehicle owned or
controlled by a federal, state, or local government and such vehicle's driver was
authorized by applicable law, rule or regulation to disregard that traffic light at that time
and place;
(d) If the asserted defense would have excused the noticed violation as if such
violation had been cited by a Uniform Traffic Citation pursuant to Florida Statute;
(e) If the vehicle driver was required to violate the applicable traffic control
device (or the official) in order to comply with another applicable law that supersedes the
respective traffic control regulation;
(f) If the vehicle driver was reasonably required to violate the applicable traffic
control device to protect valuable tangible property and/or to prevent physical injury (or
death) to any individual;
(g) If the person or entity noticed for the violation was not the owner of the
vehicle as "owner" is defined in this Article;
(h) If the appeal is based upon any other valid reason the vehicle owner in good
faith believes justifies the Special Master voiding the noticed violation; or
(i) If the Special Master finds there exists any other valid reason why the noticed
violation should be voided by Order of the Special Master.
SECTION FIVE. PENALTIES.
(a) Civil Fee; Appeal Fee. Each Section Three violation, above, issued pursuant
to this Article shall be a civil, noncriminal ordinance violation for which a one hundred
twenty-five dollar ($125.00) civil fee shall be assessed against the vehicle's owner for
each violation. The civil fee must be paid in full (be received by the County's Code
Enforcement Department) not later than twenty-one (21) days after the vehicle owner's
receipt of the Notice of Code Violation, unless the owner files an appeal that is actually
received by the County's Code Enforcement Department not later then twenty-one (21)
days after the vehicle owner's receipt of such Notice. The $125.00 civil fee may be
amended by resolution of the Board of County Commissioners.
(b) Appeal Fee and Costs. If the appeal does not result in the noticed violation
being voided by Order of the Special Master, then not later than twenty-one (21) days
after receipt of written notice from the Special Master, the vehicle's owner must pay the
civil fee plus an additional one hundred and fifty dollars ($150.00) appeal fee, plus all
costs incurred by the County and/or the Special Master. By Order of the Special Master,
the Special Master shall notify the vehicle's owner of the civil fee, appeal fee, and costs
as applicable, all of which shall be paid in full to the County's Code Enforcement
Page 4 of 8
Department not later than the twenty-one (21) day time limit. lbe $150.00 fe;ma~eA
amended by Resolution of the Board of County Commissioners.
( c) Suspension of County Privileges. A noticed vehicle owner who fails to pay in
full the applicable civil fee, and, if applicable, the appeal fee and costs within the
applicable twenty-one (21) day time period, shall thereby lose that vehicle owner's
privilege to obtain (or renew) every Collier County Tax Collector local business tax
receipt issued to such owner (individual or entity) and shall also thereby lose that owner's
privilege to obtain other licenses and/or permits issued by Collier County. The owner can
summarily reinstate all such lost privileges by paying in full all such fees and costs. If
the applicable fees and costs are not paid in full within the applicable twenty-one (21)
day time period, the Special Master may place a lien on such of the vehicle owner's
property as then authorized by Chapter 162, Florida Statutes, and/or by then applicable
Collier County Code Enforcement Ordinance(s). The lien amount, including any accrued
interest, and all costs actually incurred by the County and/or the Special Master regarding
the lien shall be paid in full before the lien is released or is otherwise voided. The
County may also elect to enforce all such fees and costs by civil action in the nature of
debt.
t
(d) No Driver's Points and No Effect on any Driving Privilege. As, violations of
this Article are ordinance violations and not conviction(s) of any motor vehicle law, no
violation of this Article shall result in any points, as provided in Section 322.27, Florida
Statutes or otherwise, nor be any basis for suspension or revocation of any driving
privilege.
SECTION SIX. NOTICE OF CODE VIOLATIONS.
(a) Issuance of Notice of Code Violation. The Collier County Sheriff's Office
(CCSO) may lawfully issue or cause to be issued the notice of violation. Each decision
to issue or not issue a Notice of Violation to the vehicle's owner pursuant to this Article
shall be made by a Traffic Control Infraction Review Officer, or designee, after his or her
review of recorded image(s) as recorded by the traffic violation photographic system.
The Traffic Control Infraction Review Officer, or designee, shall also verify that the
traffic control monitoring system/devices which captured the recorded images was
functioning properly at the time the recorded images were captured. The recorded image
shall be sufficient grounds to issue a notice of violation.
(b) Contents of Notice of Code Violation. The Notice issued for the violation
listed in Section Three, above, shall be by a standard form Notice approved by the Collier
County Sheriff's Office and by the County Attorney's Office, which Notice should
include the following information:
(1) The name and mailing address of the owner of the vehicle as of the
date the noticed ordinance violation was committed;
(2) The make, model, year and registration number of such vehicle;
(3) The subsection of this Article that was violated;
Page 5 of8
'SA
(4) The date, time and intersection of the violation;
(5) A copy of the recorded image(s) of the violation as recorded by
the traffic violation photographic system, including a recorded
image that identifies the letters and numbers on the vehicle's
license plate and the state, country or territory shown on that
license plate;
(6) The monetary amount of the civil fee and the deadline date such
fee must actually be received by the County's Code Enforcement
Department.
(7) The mailing address of the Code Enforcement Department to which
the fees must be delivered by or on behalf of the vehicle's owner,
and the name of the payee to facilitate payment by money order,
check or other negotiable instrument.
(8) A statement that the signing Traffic Control Infraction Review
Officer reviewed and thereby observed the recorded image(s)
evidencing the violation, and that those images constituted
reasonable grounds for that Traffic Control Infraction Review
Officer to conclude that the noticed violation was committed at the
cited date, time and intersection;
(9) A statement of the twenty-one (21) day time limit within which the
vehicle owner may file an appeal and a brief description of the
appeal process; and
(10) A statement that if the vehicle's owner fails to pay the civil fee in
full or fails to timely appeal the violation(s), the owner shall
thereby be deemed to (i) have waived all rights to dispute that
violation, (ii) to thereby admit the violation; and (iii) failure to pay
all applicable fees, and costs as applicable, can result in loss of
privileges and imposition of liens pursuant to this Article.
(c) Delivery of Notice of Code Violation. The Notice of Code Violation shall
be delivered to the vehicle owner by certified mail, proper postage prepaid, and properly
addressed to the mailing address of the individual who (or entity that) is then listed as the
titled owner by the applicable agency of whatever State of the United States, country or
territory where the respective vehicle was registered as of the date of the noticed
violation. If there is more than one (1) such listed owner, the Notice can be delivered to
only one (1) such listed owner. The County shall have the right, but not any obligation,
to serve the Notice by personal service upon one owner at any proper place of personal
service or may otherwise elect to serve one owner by any other means then authorized by
law.
Page 6 of8
8A (ii,
SECTION SEVEN. OBLIGATIONS OF VEHICLE OWNER; APPEALS TO
SPECIAL MASTER.
t
(a) Upon receipt of a Notice of Code Violation, the noticed owner may
contest the Notice by filing an appeal that is actually received by the County's Code
Enforcement Department not later than twenty-one (21) days after the vehicle's owner
received such Notice. A Code Enforcement Department employee shall note on the
appeal the date and time of receipt of that appeal.
(b) The appeal must include the owner's name, mailing address and phone
number, and must state in clear, meaningful detail all grounds upon which the violation is
being contested by the appeal. The grounds for appeal are listed in Section Four, above.
(c) The Code Enforcement Department shall promptly refer the appeal to a
Special Master. The Special Master shall endeavor to schedule the appeal hearing within
sixty (60) days after the Special Master's receipt of the appeal (provided the appeal was
actually received by the County's Code Enforcement Department not later than twenty-
one days (21) after the vehicle owner's receipt of the Notice of Code Violation). The
Special Master by Order may summarily dismiss the appeal with prejudice if the appeal
does not comply with any requirement listed in subsection (a) or subsection (b), above.
(d) The recorded images shall be admissible at the hearing for all purposes.
The Traffic Control Infraction Review Officer may testify at the hearing.
( e) If upon appeal the noticed violation is not voided by Order of the Special
Master, the owner shall pay in full the civil fee, plus an additional one hundred and fifty
dollar ($150.00) appeal fee, plus all costs actually incurred by the County and/or Special
Master resulting from that appeal. The civil fee, appeal fee, and applicable incurred costs
must be delivered in full to the County's Code Enforcement Department not later than
twenty-one (21) days after the owner's receipt of the Special Master's Order that states the
noticed code violation was not voided by the Special Master, and shall specify the
applicable civil fee, appeal fee, and applicable incurred costs, if any. All of the Special
Master's Orders, letters and other papers, etc., can be mailed to the vehicle owner by
ordinary U.S. mail, proper postage prepaid, addressed to the owner's mailing address as
listed in the owner's appeal, which mailing shall be sufficient receipt by the vehicle's
owner.
SECTION EIGHT. SIXTY DAYS GRACE PERIOD. The respective reviewing
Traffic Control Infraction Review Officer, or the CCSO designee, by ordinary U.S. Mail,
is authorized to mail to the vehicle owner a "Courtesy Notice" of the violation of this
Article that occurs prior to Noon of the day that is sixty (60) days after the effective date
of this Article.
SECTION NINE. CONFLICT AND SEVERABILITY.
In the event this Article (Ordinance) conflicts with any other Ordinance of Collier
County or other applicable law, this Article shall apply and supersede. If any phrase or
portion of this Article is held invalid or unconstitutional by any court of competent
Page 7 of8
8A
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 TEN. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
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 relettered
to accomplish that result, and the word "Ordinance" may be changed to "Section,"
"Article" or any other appropriate word.
SECTION ELEVEN. EFFECTIVE DATE.
This Article shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this _ day of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
TOM HENNING, Chairman
Approved as to form and legal sufficiency:
By: Cil~ 1rLh~
Colleen M. Greene
Assistant County Attorney
CP: 07-SHF-00052;3
Page 8 of 8
SA'tI"
April 1, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Ordinance - Collier County Intersection Safety Ordinance
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. #001-100190-649100
NOTICE OF INTENT TO CONSIDER ORDINANCE
8A
Notice is hereby given that on Tuesdav. 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 COLLIER COUNTY, FLORIDA, CREATING A NEW ARTICLE
III IN CHAPTER 78 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER
COUNTY TITLED THE "COLLIER COUNTY INTERSECTION SAFETY
ORDINANCE;" PROVIDING DEFINITIONS; REQUIRING ADHERENCE TO
TRAFFIC CONTROLS; PROVIDING FOR EXCEPTIONS AND PENAL TIES;
REQUIRING NOTICE OF CODE VIOLATIONS; PROVIDING OBLIGATIONS OF
VEHICLE OWNER; PROVIDING FOR APPEALS; PROVIDING A SIXTY DAY
GRACE PERIOD; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING
THE EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for
inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County administrator
prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on behalf of an organization or group is
encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit
said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of
seven days prior to the 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 provisision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W,
Naples, Florida, 34112 (239) 252-8380. Assisted listening devices for the hearing impaired are available
in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
8A
Martha S. Vergara
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, April 01, 2008 1 :36 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT595718.txt; Collier County Intersection Safety Ordinance
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ATT595718.txt
(231 B)
Collier County
Intersection Sa...
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 I of I
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"I
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Tuesday, April 01,2008 1 :55 PM
To: Martha S. Vergara
Subject: RE: Collier County Intersection Safety Ordinance
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Tuesday, April 01,2008 1:36 PM
Posted To: Legals - NDN
Conversation: Collier County Intersection Safety Ordinance
Subject: Collier County Intersection Safety Ordinance
Pam,
Here is another ad for you..
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
4/1/2008
Th.Th,
NAPLES DAILY NEWS
Published Daih
Naples. FL 3-l102
Affidavit of Publication
State of Florida
County of Colher
Before the undersigned they serve as the authority. personally
appeared B. Lam.Q. who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples. in Collier Connty.
Florida; distributed in Collier and Lee counties of Florida; Lhat
the attached copy of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
\\as published in said newspaper I time in the issue
QAAnrilE':" 2008
Aflianl tl1l1her saYS that the said :\'aples Daily :\ews is a newspaper
Published at Napk". in collier county, Florida and that the said
newspaper has heretofore been continuously published in said Colller
County, Florida; distributcd in Collier and Lee counties of Florida,
eaeh day and has been entcred as second class mail marter at the post
oni,'e in '\apks. in said Colher County, Florida, for a period of 1
year next preceding the first publtca!lon of the attached copy of
advertisement; and affiant turther says that he has neithcr paid nor
proll1lsed any person, firm or corporatiOn any discount. rebate,
comtnission or refund for the purpose or securing this adver1iseJn~nt for
publicatl<m in the said newspaper
/.1 . .------r
( Signa~re of affiant)
Sworn to and subscribed before me
This II tho Day Of April 2008
~OMM
f\ publi )
FEI 59-2578327
....~-:r::.fV.;;~..
~r '"i~}
JUDY JANES
Commission oD 675029
Expires May 16. 2011
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19
Dwight E. Brock
Clerk of Courts
, ;e-otlfl!ypfC'ollier
CLERK OF THE CIRcUJT COURT
COLLIER COUNTY ~OURT'OUSE
3301 TAMIAMI T\~IL EAST
P.O. BOX 413044,
NAPLES, FLORIDA '14101-30~4
*
~. 8 A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 21, 2008
Kevin Rambosk, Undersheriff
Collier County Sheriffs Department
3301 Tamiami Trail East, Bldg. J
Naples, FL 34112
Re: Original Notice of Public Hearing Affidavits
Re: "Offender Registration Fees" and "Intersection Safety"
Dear Kevin,
Enclosed, for your records are original copies of two affidavits of
publication that were advertised and will come before the Board of County
Conuni8sioner's of Collier County on Tuesday, April 22, 2008.
We will also be sending copies of the validated ordinances once they have
been returned to our office by the State.
If you should have any questions, please feel free to call our office at
252-8406.
Sincerely,
DWIGHT E. BROCK, CLERK
fuw. ~ IJ~.
Ann Jennej&k, S(beputy Clerk
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email- collierclerk(@,clerk.collier.fl.us
BA
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 doclIlllcnt Ol'iginal doclllllents shlluld Ill' hand delivercd to thl' [loard (lfficc, Thc completed routing slip and original
documents are to he I'orwarclcd to the Iloard Ofllce onlv after the Ilo;\I'(1 has wkcn action onlhe item)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or infonnation needed. If the documetifis already complete with the
exc tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
3.
4. Colleen M. Greene
Assistant COUll Attorney
5. Sue Filson, Executive Manager
6. Minutes and Records
County Attorney Office
4/23/2008
(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 infol1llation 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 Chail1llan's signature are to be delivered to the BCC office only after the BCC has acted to
a
Board of County Commission
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
pprove the item.)
Name of Primary Staff Colleen M. Greene,. Assistant County Attorney Phone Number 252-8400
Contact
Agenda Date Item was April 22, 2008 Agenda Item 8-A
Approved by the BCC Number
Type of Document ORDINANCE NO. 2008 - ~ Number of Two (2)
Attached AN ORDINANCE OF COLLIER COUNTY, FLORIDA, CREATING A NEW Original
ARTICLE III IN CHAPTER 78 OF THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY TITLED THE "COLLIER COUNTY Documents
INTERSECTION SAFETY ORDINANCE;" PROVIDING DEFINITIONS; Attached
REQUIRING ADHERENCE TO TRAFFIC CONTROLS; PROVIDING FOR
EXCEPTIONS AND PENALTIES; REQUIRING NOTICE OF CODE
VIOLA TIONS; PROVIDING OBLlGA nONS OF VEHICLE OWNER;
PROVIDING FOR APPEALS; PROVIDING A SIXTY DAY GRACE
PERIOD; PROVIDING FOR CONFLICT AND SF. VERABILlTY;
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES; PROVIDING THE EFFECTIVE DATE,
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 negotiated 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 April 22. 2008 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
CMG
N/A (Not
A licable)
2.
3.
4.
5.
6.
CMG
CMG
CMG
CMG
CMG
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 6, 2008
To:
Colleen Greene
County Attorney's Office
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-22
Enclosed please find one copy of the original document, as referenced above
(Agenda Item #8A), which was approved by the Board of County
Commissioners on Tuesday, April 22, 2008.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosures (1)
8A
MEMORANDUM
Date:
May 6, 2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-22
Attached, please find one (1) copy of the document referenced above (Agenda
Item #8A), as approved by the Board of County Commissioners on Tuesday
April 22, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
8A
j BA
MEMORANDUM
Date:
May 6, 2008
To:
Kevin Rambosk, UnderSheriff
Sheriff's Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validate Ordinance 2008-22
Attached, for your records, please find one original copy of the document, as
referenced above, (Agenda Item #8A) adopted by the Collier County Board of
County Commissioners on Tuesday, April 22, 2008.
The original Resolution is being retained in Minutes and Records for public
record.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
MEMORANDUM
Date:
April 24, 2008
To:
Colleen Greene
County Attorney's Office
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Ordinance 2008-22
Enclosed please find one original document, as referenced above (Agenda
Item #8A), which was approved by the Board of County Commissioners on
Tuesday, April 22, 2008.
An original ordinance is being forward to the State for official recording.
You will recieve a copy once it has returned.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosures (1)
8A
8A
ORDINANCE NO. 2008 _ 22
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, CREATING A NEW ARTICLE
III IN CHAPTER 78 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER
COUNTY TITLED THE "COLLIER COUNTY INTERSECTION SAFETY
ORDINANCE;" PROVIDING DEFINITIONS; REQUIRING ADHERENCE TO
TRAFFIC CONTROLS; PROVIDING FOR EXCEPTIONS AND PENAL TIES;
REQUIRING NOTICE OF CODE VIOLATIONS; PROVIDING OBLIGATIONS OF
VEHICLE OWNER; PROVIDING FOR APPEALS; PROVIDING A SIXTY DA Y
GRACE PERIOD; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING
THE EFFECTIVE DATE.
WHEREAS, Collier County is a high density traffic area and regularly experiences
traffic incidents related to the failure of drivers of vehicles to obey traffic control devices,
including traffic lights, which failures expose individuals to the dangers of personal injury or
death and damage to property; and
WHEREAS, use of unmanned cameras can be an effective means to encourage vehicle
owners to obey traffic control devices and entrust their vehicles only to responsible drivers, and
to discover and impose civil fines upon owners of vehicles if the driver of the owner's vehicle
fails to strictly adhere to traffic control devices, thereby freeing law enforcement personnel and
other resources to be more efficiently utilized in responding to other offenses; and
WHEREAS, Florida counties and municipal corporations have demonstrated increased
vehicular and pedestrian traffic safety attributable to use of unmanned cameras at road
intersections; and
WHEREAS, Florida Attorney General Opinion 97-06 opines that Florida counties and
municipalities cannot issue a Uniform Traffic Citation to cite violations of Section 316.075,
Florida Statutes, unless the violation is personally viewed by an enforcement officer; and
WHEREAS, Florida Attorney General Opinion 2005-41 confirms the County's authority
to enact this Ordinance to make failure of a vehicle driver to obey a traffic light or traffic control
sign is enforceable as a violation of this Ordinance by use of unmanned camera to record the
violation, including the license tag of the vehicle; and
WHEREAS, pursuant to section 316.008(1)(w), Florida Statutes, Collier County may
lawful1y enforce this Ordinance by authorized Deputy Sheriffs reviewing images recorded by a
traffic violation photographic system; and
WHEREAS, any Traffic Control Infraction Review Officer can lawfully issue Notices of
Violation of this Ordinance (Article) to a registered owner of the offending vehicle, but cannot
lawfully issue a Uniform Traffic Citation to cite such Ordinance violation, and shall not refer any
such Ordinance violation for enforcement by a court of law; and
WHEREAS, no violation of this Ordinance shall result in any points as provided in
Section 322.27, Florida Statutes, or otherwise, nor be any basis for suspension or revocation of
any driving privilege; and
WHEREAS, the Board finds that implementation of this enforcement program wi11
promote, protect and improve the health, safety and welfare of individuals and protect property
consistent with Florida's Constitution and Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that a new Article III in Chapter
78 of the Code of Laws and Ordinances of Collier County is hereby created to read as follows:
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:/
SECTION ONE. TITLE AND APPLICATION OF THIS ARTICLE.
This Article is titled and may be cited as the "Collier County Intersection Safety
Ordinance," This Article applies only to violations at intersections monitored by the County's
traffic violation photographic system.
SECTION TWO. DEFINITIONS.
The following words, terms, and phrases, when used in this Article, shall have the
meanings herein ascribed to them, unless the context clearly indicates a different meaning:
Intersection means the area embraced within the prolongation or connection of the lateral
curb line; or if none, then the lateral boundary lines of the roadways of two roads which join or
intersect one another at, or approximately at, right angles; or the area within which vehicles
traveling upon different roads joining at any other angle may come in conflict. As to unlawful
turns from an intersection, the turn can include, but is not necessarily limited to, entering into an
alley, private road, service road or driveway.
Owner means the individual or entity holding legal title of the vehicle, or, in the event a
vehicle is the subject of an agreement for conditional sale or lease thereof with the right of
purchase upon performance of conditions stated in such agreement and with an immediate right
of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle
is entitled to possession, such conditional vendee, lessee or mortgagor shall be deemed to be the
owner of such vehicle for purposes of this Article.
Recorded Image means an image recorded by the traffic violation photographic system
by photographs, electronic images, digital images, digital or video movie, or by any other
medium that records a moving violation of this Article.
Traffic control signal (traffic light) means a traffic control device that exhibits a light that
is steady (including turn arrow) or is flashing. The lights are green, yellow and red.
Traffic Control Infraction Review Officer means any law enforcement officer employed
by the Collier County Sheriff's Office who meets the requirements of Section 943.13, Florida
Statutes, or its successor in function.
Traffic violation photographic system means a device (camera) that makes a recorded
image of the respective vehicle traveling into or through the intersection.
Vehicle means every device in, upon, or by which any individual or property is or may be
transported or drawn upon a road, street or highway, excepting only such device designed
exclusively for operation upon stationary rails or stationary tracks.
Definitions in Florida Statutes may be referred to if relevant, including with regard to
appeals. Singular words include the plural where the context permits. "Notice of Code
Violation" includes "violations" if more than one violation is cited.
SECTION THREE. ADHERENCE TO TRAFFIC CONTROLS.
Each of these violations is classified as a moving violation by Florida Statute.
(a) Steady red traffic light. The driver (operator) of a vehicle shall not allow any portion
of the front-most part of that vehicle to encroach over a vertical extension of the nearest part of
Page 2 of 7
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the intersection, intersection line, crosswalk line or "stop here on red" line, as applicable at the
intersection after the steady red traffic light has turned red and until the red traffic light has
turned green. A steady red traffic light includes a steady red ball, a steady left turn arrow, or a
steady red turn arrow that in conjunction with a "no turn on red" sign or substantially similar
sign, prohibits turning a vehicle at that intersection at that time. This violation occurs whether the
vehicle proceeds through the intersection or makes a turn at or in the intersection, including a u-
turn. Each violation of this subsection is a violation of this Article. (Refer to Subsection
316.075(1)(c), Florida Statutes, - Steady red indication).
(b) Flashing red traffic light. A vehicle driver approaching a flashing red traffic light at
an intersection shall obey that light as if a stop sign. A vehicle driver who does not bring such
vehicle to a complete stop before allowing any part of the vehicle to enter into the intersection,
intersection line, crosswalk line or "stop here on red" line, as applicable, is a violation of this
Article. The driver's right to proceed shall be subject to rules that apply to a stop sign. (Refer to
Sec. 316.076, Florida Statutes, - Flashing signals).
(c) Inoperable or malfunction traffic light. Failure of a vehicle driver to treat an
inoperable traffic light or malfunctioning traffic light as a stop sign is a violation of this Article.
(Refer to Sec. 316.1235, Florida Statutes, - Vehicle approaching intersection in which traffic
lights are inoperative).
SECTION FOUR. EXCEPTIONS. The owner of the vehicle shall be responsible for paying
the civil fine for the noticed violation of this Article listed in Section Three, above, except:
(a) If the vehicle was being operated without expressed or implied permission from the
vehicle's owner. This exception applies only if the vehicle's owner signs and submits a "sworn
and subscribed to" affidavit to the Collier County Code Enforcement Department either within
twenty-one (21) days after receipt of a Notice of Code Violation or at the Special Magistrate's
hearing. The affidavit must specifically assert, if true, that the driver was driving the vehicle
without expressed or implied permission from the vehicle's owner, and must include the vehicle
driver's full name, complete and current street address, the vehicle operator's Driver's License
number, and specify in meaningful detail how the driver came into possession of that vehicle
without express or implied permission from the vehicle's owner; or in the alternative, if
applicable, must have attached to the affidavit a true copy of a valid stolen vehicle report filed
with a law enforcement agency. The following sentence must be in the affidavit immediately
above the affiant's signature line: "Under penalties of perjury, I declare that I have read the
foregoing affidavit and all facts stated herein are true.";
(b) If the driver of such vehicle is issued a Florida Uniform Traffic Citation for the
corresponding violation of Florida Statutes that occurred at that intersection at that same date and
time;
(c) If the vehicle was an authorized emergency vehicle or other vehicle owned or
controlled by a federal, state, or local government and such vehicle's driver was authorized by
applicable law, rule or regulation to disregard that traffic light at that time and place;
(d) If the asserted defense would have excused the noticed violation as if such violation
had been cited by a Uniform Traffic Citation pursuant to Florida Statute;
Page 3 of 7
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(e) If the vehicle driver was required to violate the applicable traffic control device (or
the official) in order to comply with another applicable law that supersedes the respective traffic
control regulation;
(f) If the vehicle driver was reasonably required to violate the applicable traffic control
device to protect valuable tangible property and/or to prevent physical injury (or death) to any
individual;
(g) If the person or entity noticed for the violation was not the owner of the vehicle as
"owner" is defined in this Article;
(h) If the appeal is based upon any other valid reason the vehicle owner in good faith
believes justifies the Special Magistrate voiding the noticed violation; or
(i) If the Special Magistrate finds there exists any other valid reason why the noticed
violation should be voided by Order of the Special Magistrate.
SECTION FIVE. PENALTIES.
(a) Civil Fine; Costs. Each Section Three violation, above, issued pursuant to this
Article shall be a civil, noncriminal ordinance violation for which a one hundred twenty-five
dollar ($125.00) civil fine shall be assessed against the vehicle's owner for each violation. The
civil fine must be paid in full (be received by the County's Code Enforcement Department) not
later than twenty-one (21) days after the vehicle owner's receipt of the Notice of Code Violation,
unless the owner files an appeal that is actually received by the County's Code Enforcement
Department not later then twenty-one (21) days after the vehicle owner's receipt of such Notice.
The $125.00 civil fine may be amended by resolution of the Board of County Commissioners.
(b) Costs. If the appeal does not result in the noticed violation being voided by Order of
the Special Magistrate, then not later than twenty-one (21) days after receipt of written notice
from the Special Magistrate, the vehicle's owner must pay the ci vil fine, plus all prosecutorial
costs incurred by the County and/or the Special Magistrate. By Order of the Special Magistrate,
the Special Magistrate shall notify the vehicle's owner of the civil fine, and prosecutorial costs as
applicable, all of which shall be paid in full to the County's Code Enforcement Department not
later than the twenty-one (21) day time limit.
(c) Suspension of County Privileges. A noticed vehicle owner who fails to pay in full
the applicable civil fine, and, if applicable, any costs within the applicable twenty-one (21) day
time period, shall thereby lose that vehicle owner's privilege to obtain (or renew) every Collier
County Tax Collector local business tax receipt issued to such owner (individual or entity) and
shall also thereby lose that owner's privilege to obtain other licenses and/or permits issued by
Collier County. The owner can summarily reinstate all such lost privileges by paying in full all
such fines and costs. If the applicable fines and costs are not paid in full within the applicable
twenty-one (21) day time period, the Special Magistrate may place a lien on such of the vehicle
owner's property as then authorized by Chapter 162, Florida Statutes, and/or by then applicable
Collier County Code Enforcement Ordinance(s). The lien amount, including any accrued
interest, and all costs actually incurred by the County and/or the Special Magistrate regarding the
lien shall be paid in full before the lien is released or is otherwise voided. The County may also
elect to enforce all such fines and costs by civil action in the nature of debt.
Page 4 of 7
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(d) No Driver's Points and No Effect on any Driving Privilege. As, violations of this
Article are ordinance violations and not conviction(s) of any motor vehicle law, no violation of
this Article shall result in any points, as provided in Section 322.27, Florida Statutes or
otherwise, nor be any basis for suspension or revocation of any driving privilege.
SECTION SIX. NOTICE OF CODE VIOLATIONS.
(a) Issuance of Notice of Code Violation. The Collier County Sheriff's Office (CCSO)
may lawfully issue or cause to be issued the notice of violation. Each decision to issue or not
issue a Notice of Violation to the vehicle's owner pursuant to this Article shall be made by a
Traffic Control Infraction Review Officer, or designee, after his or her review of recorded
image(s) as recorded by the traffic violation photographic system. The Traffic Control Infraction
Review Officer, or designee, shall also verify that the traffic control monitoring system/devices
which captured the recorded images was functioning properly at the time the recorded images
were captured. The recorded image shall be sufficient grounds to issue a notice of violation.
(b) Contents of Notice of Code Violation. The Notice issued for the violation listed in
Section Three, above, shall be by a standard form Notice approved by the Collier County
Sheriff's Office and by the County Attorney's Office, which Notice should include the following
information:
(1) The name and mailing address of the owner of the vehicle as of the date
the noticed ordinance violation was committed;
(2) The make, model, year and registration number of such vehicle;
(3) The subsection of this Article that was violated;
(4) The date, time and intersection of the violation;
(5) A copy of the recorded image(s) of the violation as recorded by the traffic
violation photographic system, including a recorded image that identifies
the letters and numbers on the vehicle's license plate and the state, country
or territory shown on that license plate;
(6) The monetary amount of the civil fine and the deadline date such fine
must actually be received by the County's Code Enforcement Department.
(7) The mailing address of the Code Enforcement Department to which the
fines must be delivered by or on behalf of the vehicle's owner, and the
name of the payee to facilitate payment by money order, check or other
negotiable instrument.
(8) A statement that the signing Traffic Control Infraction Review Officer
reviewed and thereby observed the recorded image(s) evidencing the
violation, and that those images constituted reasonable grounds for that
Traffic Control Infraction Review Officer to conclude that the noticed
violation was committed at the cited date, time and intersection;
(9) A statement of the twenty-one (21) day time limit within which the vehicle
owner may file an appeal and a brief description of the appeal process; and
Page 5 of 7
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(10) A statement that if the vehicle's owner fails to pay the civil fine in full or
fails to timely appeal the violation(s), the owner shall thereby be deemed
to (i) have waived all rights to dispute that violation, (ii) to thereby admit
the violation; and (iii) failure to pay all applicable fines, and costs as
applicable, can result in loss of privileges and imposition of liens pursuant
to this Article.
(c) Delivery of Notice of Code Violation. The Notice of Code Violation shall be
delivered to the vehicle owner by certified mail, proper postage prepaid, and properly addressed
to the mailing address of the individual who (or entity that) is then listed as the titled owner by
the applicable agency of whatever State of the United States, country or territory where the
respective vehicle was registered as of the date of the noticed violation. If there is more than one
(1) such listed owner, the Notice can be delivered to only one (1) such listed owner. The County
shall have the right, but not any obligation, to serve the Notice by personal service upon one
owner at any proper place of personal service or may otherwise elect to serve one owner by any
other means then authorized by law.
SECTION SEVEN. OBLIGATIONS OF VEHICLE OWNER; APPEALS TO
SPECIAL MAGISTRATE.
(a) Upon receipt of a Notice of Code Violation, the noticed owner may contest the
Notice by filing an appeal that is actually received by the County's Code Enforcement
Department not later than twenty-one (21) days after the vehicle's owner received such Notice. A
Code Enforcement Department employee shall note on the appeal the date and time of receipt of
that appeal.
(b) The appeal must include the owner's name, mailing address and phone number,
and must state in clear, meaningful detail all grounds upon which the violation is being contested
by the appeal. The grounds for appeal are listed in Section Four, above.
(c) The Code Enforcement Department shall promptly refer the appeal to a Special
Magistrate. The Special Magistrate shall endeavor to schedule the appeal hearing within sixty
(60) days after the Special Magistrate's receipt of the appeal (provided the appeal was actually
received by the County's Code Enforcement Department not later than twenty-one days (21) after
the vehicle owner's receipt of the Notice of Code Violation). The Special Magistrate by Order
may summarily dismiss the appeal with prejudice if the appeal does not comply with any
requirement listed in subsection (a) or subsection (b), above.
(d) The recorded images shall be admissible at the hearing for all purposes. The
Traffic Control Infraction Review Officer may testify at the hearing.
(e) If upon appeal the noticed violation is not voided by Order of the Special
Magistrate, the owner shall pay in full the civil fine, plus all costs actually incurred by the
County and/or Special Magistrate resulting from that appeal. The civil fine and applicable
incurred costs must be delivered in full to the County's Code Enforcement Department not later
than twenty-one (21) days after the owner's receipt of the Special Magistrate's Order that states
the noticed code violation was not voided by the Special Magistrate, and shall specify the
applicable civil fine, and applicable incurred costs, if any. All of the Special Magistrate's Orders,
Page 6 of 7
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letters and other papers, etc., can be mailed to the vehicle owner by ordinary U.S. mail, proper
postage prepaid, addressed to the owner's mailing address as listed in the owner's appeal, which
mailing shall be sufficient receipt by the vehicle's owner.
SECTION EIGHT. SIXTY DAYS GRACE PERIOD. The respective reviewing Traffic
Control Infraction Review Officer, or the CCSO designee, by ordinary U.S. Mail, is authorized
to mail to the vehicle owner a "Courtesy Notice" of the violation of this Article that occurs prior
to Noon of the day that is sixty (60) days after the effective date of this Article.
SECTION NINE. CONFLICT AND SEVERABILITY.
In the event this Article (Ordinance) conflicts with any other Ordinance of Collier County
or other applicable law, this Article shall apply and supersede. If any phrase or portion of this
Article 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 TEN. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
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 relettered to accomplish
that result, and the word "Ordinance" may be changed to "Section," "Article" or any other
appropriate word.
SECTION ELEVEN. EFFECTIVE DATE.
This Article shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ day of rip p--J ,2008.
ATTEST:
D'\{J~ftt'.E. ,BROCK, Clerk
,~~(~C
/ '.'" Deputy ,Clerk
. .:~~~~~t 111 to Ch4 fl"'lU ,
"$' fa ,\ " ;: .'!~<? O!ll II
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
.
By:
TOM HENNING, Chairman
Approved as to form and legal sufficiency:
By: Oi)QQQu~71J ~~
Colleen M. Greene
Assistant County Attorney
CP: 07-SHF-00052;3
Page 7 of7
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. 2008-22
Which was adopted by the Board of County Commissioners on
the 22nd day of April 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd day
of April 2008.
DWIGHT E. BROC~.,.\)'H']"
Clerk of cour,t;.~:..a:n.d.~Ca~rk
Ex-officio to Soard of ~,
>-
County commi~ .~
: Teresa Polas~i.~' .
~ ,! "
Deputy clerk
8A "
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
881
ciAf' f Met
K.;
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
**.****.****.*.****~****~**.*****.***.****.****..********..*****************************.**.*.**
Originating DeptJ Div: Comm.Dev.Serv./ Planning Person: Catherine Fabacher, AlCP
Date:
Petition No. (If none, give brief description): nla
Petitioner: (Name & Address): nla
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
Aoril 22. 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: 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 LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: SECTION 5.05.02 MARINAS BY PROVIDING THAT SHORELINE WITHIN A
CONSERV A TION EASEMENT BE DEDUCTED FROM THE AMOUNT OF SHORELINE USED TO CALCULATE
ALLOW ABLE NUMBER OF WET SLIPS, AND ALLOWING FOR EXEMPTIONS TO THIS REQUIREMENT;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
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: ,
~., 'vf'Y) . ~Q iJ. /0 ~OOJ
./Department Head ~
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review,
or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office
will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
A. 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 B "~r~
Department of Zoning and Land Development Review
April 8, 2008
Naples Daily News
1075 Central A venue
Naples, Florida 33940
ATTENTION: LEGAL ADVERTISING
Dear Ms. Perrell:
Please publish the following public notice, for a Display, 11. page, with map attached, Legal Notice in
your edition of Saturday, April 12 and furnish proof of publication of each advertisement to the Collier
County Development Services Building, Department of Zoning and Land Development Review, 2800
North Horseshoe Drive, Naples, Florida 34104, Attention: Heather Ramirez and
PLEASE SEND DUPICATE ORIGINAL to Jeffrey A Klatzkow, Esquire, CACA. Collier County Attorneys
Office, 2800 North Horseshoe Drive, Naples, Florida 34104.
April 22, 2008
NOTICE OF LAND DEVELOPMENT CODE CHANGE
LDC AMENDMENT CYCLE 2007-2 (Reconsideration)
Notice is hereby given that on Tuesday, April 22 at 9:00 a.m., during its regular meeting in the
Board of County Commissioners Meeting Room, 3rd Floor, Building uF," Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Collier County Board of
County Commissioners proposes to take under advisement an amendment to the Collier County
Land Development Code, the title of which 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 LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: SECTION
5.05.02 MARINAS BY PROVIDING THAT SHORELINE
WITHIN A CONSERVATION EASEMENT BE DEDUCTED
FROM THE AMOUNT OF SHORELINE USED TO
CALCULATE ALLOWABLE NUMBER OF WET SLIPS, AND
ALLOWING FOR EXEMPTIONS TO THIS REQUIREMENT;
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY
'S8
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed ordinance are
available for public inspection in the Zoning and Land Development Review Section, Community
Development Services Center, 2800 N. Horseshoe Drive, Naples. Florida, between the hours of
8:00 A.M. and 5:00 P.M., Monday through Friday.
If a person decides to appeal any decision made by the Collier County Planning Commission
with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: TOM HENNING, CHAIRMAN
Page I of I
Patricia L. Morgan
8S
From: RamirezHeather [HeatherRamirez@colliergov.net]
Sent: Tuesday, April 08, 2008 1:53 PM
To: Patricia L. Morgan; Martha S. Vergara
Subject: Legal Ad for NON deadline today at 4pm
Importance: High
Attachments: BCC for April 22(MMP Reconsideration),doc
Trish here is a legal ad that needs to be placed in the NDN as soon as possible. When you receive this
email can you email me a confirmation that you have received this and sent it to them? If doesn't have
to be the actual affidavit but just some proofthat I can send over to Joe Schmidt. I will send over a hard
copy with the legal ad in the inter-office mail today! Thanks!
Heather L. Ramirez
Planning Technician
Zoning & I.and Development Revie\v
Ph: (239)-252-2930
Fax: (239)-252-6366
email: IleatherRal11irez~(lJcolliergov.net
'......,.\,.._ ._........-" .~_..."...,_.",,,,,,~^r"' _________....,_,.. ___~ .~."~"~~ '. 'I,,____._~
4/8/2008
t SB
Department of Zoning and Land Development Review
April 8, 2008
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
ATTENTION: LEGAL ADVERTISING
Dear Ms. Perrell:
Please publish the following public notice, for a Display, % page, with map attached, Legal Notice in
your edition of Saturday, April 12 and furnish proof of publication of each advertisement to the Collier
County Development Services Building, Department of Zoning and Land Development Review, 2800
North Horseshoe Drive, Naples, Florida 34104, Attention: Heather Ramirez and
PLEASE SEND DUPICATE ORIGINAL to Jeffrey A. Klatzkow, Esquire, CACA, Collier County Attorneys
Office, 2800 North Horseshoe Drive, Naples, Florida 34104.
April 22, 2008
NOTICE OF LAND DEVELOPMENT CODE CHANGE
LDC AMENDMENT CYCLE 2007-2 (Reconsideration)
Notice is hereby given that on Tuesday, April 22 at 9:00 a.m., during its regular meeting in the
Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Collier County Board of
County Commissioners proposes to take under advisement an amendment to the Collier County
Land Development Code, the title of which 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 LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: SECTION
5.05.02 MARINAS BY PROVIDING THAT SHORELINE
WITHIN A CONSERVATION EASEMENT BE DEDUCTED
FROM THE AMOUNT OF SHORELINE USED TO
CALCULATE ALLOWABLE NUMBER OF WET SLIPS, AND
ALLOWING FOR EXEMPTIONS TO THIS REQUIREMENT;
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed ordinance are
available for public inspection in the Zoning and Land Development Review Section, Community
Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of
8:00 A.M. and 5:00 P,M., Monday through Friday.
If a person decides to appeal any decision made by the Collier County Planning Commission
with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: TOM HENNING, CHAIRMAN
,
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April 8, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: LDC Amendment Cycle 2007-2 (Display Ad)
Dear Legals:
Please advertise the above referenced notice on Saturday, April 12, 2008. Please
send the Affidavit of Publication, in triplicate, together with charges involved to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.lAccount 131-138326-341950
, 8B
Department of Zoning and Land Development Review
April 8, 2008
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
ATTENTION: LEGAL ADVERTISING
Dear Ms. Perrell:
Please publish the following public notice, for a Display, % page, with map attached, Legal Notice in
your edition of Saturday, April 12 and furnish proof of publication of each advertisement to the Collier
County Development Services Building, Department of Zoning and Land Development Review, 2800
North Horseshoe Drive, Naples, Florida 34104, Attention: Heather Ramirez and Minutes and Records
Department, 3301 Tamiami Trail E., Naples, Florida 34112.
PLEASE SEND DUPICATE ORIGINAL to Jeffrey A. Klatzkow, Esquire, CACA, Collier County Attorneys
Office, 2800 North Horseshoe Drive, Naples, Florida 34104.
April 22, 2008
NOTICE OF LAND DEVELOPMENT CODE CHANGE
LDC AMENDMENT CYCLE 2007-2 (Reconsideration>
Notice is hereby given that on Tuesday, April 22 at 9:00 a.m., during its regular meeting in the
Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Collier County Board of
County Commissioners proposes to take under advisement an amendment to the Collier County
Land Development Code, the title of which 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 LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: SECTION
5.05.02 MARINAS BY PROVIDING THAT SHORELINE
WITHIN A CONSERVATION EASEMENT BE DEDUCTED
FROM THE AMOUNT OF SHORELINE USED TO
CALCULATE ALLOWABLE NUMBER OF WET SLIPS, AND
ALLOWING FOR EXEMPTIONS TO THIS REQUIREMENT;
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
8B
All interested parties are invited to appear and be heard. Copies of the proposed ordinance are
available for public inspection in the Zoning and Land Development Review Section, Community
Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of
8:00 A.M. and 5:00 P.M., Monday through Friday.
If a person decides to appeal any decision made by the Collier County Planning Commission with
respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based.
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,
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara
Deputy Clerk
(SEAL)
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Martha S. Ver~ara
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, April 08, 2008 2:37 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT64496.txt; Display Ad for Saturday
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ATT64496.txt (231
B)
Display Ad for
Saturday
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
ParaH
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Tuesday, April 08, 20082:54 PM
To: Martha S. Vergara
Subject: RE: Display Ad for Saturday
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Tuesday, April 08, 2008 2:37 PM
Posted To: Legals - NDN
Conversation: Display Ad for Saturday
Subject: Display Ad for Saturday
Pam,
I KNOW IT'S Late... they just sent it to us...
Display Ad for Saturday... if we can't let me know ASAP
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
4/8/2008
NDN Ad For MPP Shoreline LDC Amendment
Page 1 of I
Martha S. Vergara
e8
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From: FabacherCatherine [CatherineFabacher@colliergov.net]
Sent: Tuesday, April 08, 2008 3:00 PM
To: SchmittJoseph; IstenesSusan
Cc: Puig, Judy; Patricia L. Morgan; Martha S. Vergara
Subject: NDN Ad For MPP Shoreline LDC Amendment
Dear All,
I have just received verbal confirmation from Pam Perrell, Naple Daily News Advertising Manager, that the public
notice advertisement for the referenced LDC Amendment will run in the Saturday, April 12 edition.
This meets the requirement to be published 10 days in advance of the BCC meeting to adopt/deny the LDC
amendment.
Thank you all for your help.
Catherine
4/8/2008
04/21/2008 16:34
NAA..ESDAILY
2392634864
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NAPLES BAIL V NEWS
?ublished Daily
Naples, FL 34 L02
Affidavit of Publication
State of Florida
County of Collier
Before Lhe llnckrsigncd they serve lU Ihe authority. pe.rs()[]aJly
appeared B. Lamb. who on oath says \hat the}'
serve as the Assistant Corporate Secllltary of the Naples Daily,
a daily J1ewspaper published at Naples, ,In Co1lier County,
Florlcla; distributed in Cotlier and Let COllntill$ of Florida; thal
the attached copy of the advertising, beillg a
fV..m.1C NQTICE
in the matter of PUBLIC NOTICE
was published ill said new~papet 1 time in the issue
Qn April12Ttl.200S
1\!fi~lI~ li.lttber Sll)" tllat tM Aid NlIpIll!I Oall)' New.1a a n~lJlcr
I\lblishtd At Napl.., in ~ollicr e:oumy. Florida and ht tile laid
n.....J!ft'Pot ba.lu::ro:toforc bcc:n ;Olllinuoll'l)' publidlecl illtaicl Callier
eminl)', Florida: dionribuled ill Colli., I\l'Id 1M 00N1'lI!ics ofFlori<la.
eacb clAy aMI h.o lleen entered n ..wad Cllul mill matter ilL the poSt
nffiC4l in Napla. it! lAid Colli.,. Counly, florida, fa a pcrioq ef 1
)'01It noxt pre~cdin; the: fint plIhUgatilln o(lIIc IWlQhcd copy nf
lldvi:l1isemClnt: DId amant fimhfl' Kl)'S tIlnt he hllK neither pl\id II.,..
promi~cli any pc!'IOIl. finn or corpc)rllt(all ;In)' di./;lO\Inl. nbill.,
ClImI"li!llion or ....rund rot the 1l111'llo"- cf .c~urjng lhi. Idvertiocmcnl for
puhlic.1lion in 1l1~ :laid nCW$l'IIn
Sworn to and subscribed before me
This 12th, Day Of April 2008
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FE.1 59.2578327
(All JUOY JANES
· . l Commilllllon DO 875029
I ExptFft Mav 16, 2011
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RECEI\/ED
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FINANCE
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,NOTICE OF LAND DIVILOPMENT CODE CHANGE~:
.,,' ",..LD'C'AMENDMENTCYCLE2007-2 ,":":'
,",,:{ , ,'(Reconsideration), ",,'
Not~ 19 her,by gWen ihat on'1\i~"'~1 ~.'t:OO ..m.. during its regular meeting in:th~
Board of County OommlsliQn"" ~ln9 Room. 3riiFloor, Building "F," Cok County Gcvemm.,t
Center. 3301 East Tamiami TraIl, Napl'., FIC!rida, the Collier County Board of County Commllialonft,
proposes to take und8l" aqvle8nlant an amendment to the Collier Coorrty Land Dllvelopment COde.
the title of which I. as follows: " ' "
AN: ORDINAHC! OF n4E BOARD Of COUNTY QOMMISSIONI"SOF CO(J.IER ,,','
,COUNTY, ,FLORIDA, AMIiNDING ORDINANC; ",UMBER 04-41, AS AMINDJi:D. .'
, THE COLJ..M COUNTY L.ANO ,DEVELOPMENT COOl. WHICH INCLUDES THe ,,','
',"COMPRI....IYE LAND REGULA noNe ,.OR THE UNINCORPORAtED AREA OF," '..'
COLL~R?, <X>tJN1Y. FLORIDA,'8Y PROVlDIN$ FOft .cnoN ONE" RECITAL$;' ",
: SECTlON'TW(), PINDINGSOP FACT;&liCTION THRI!!;~ADOPTION OF AMENDMENTS '
TO T)lE" lAND Dl!\lELQPMENT, CODE, MORE: SPElCIF1CALLY AMENDING DiE ,: ,;:
FOLLOWING::. 8ECT1ON 6.01.02 MARINAS BY PAOlirIQING.. THAT SHOREUHE:,' i~:
,WITHIN It CONSeRvA,"ON EAlI5MINT ,8E. DED~ !=ROM, THE ~,Mt':'11L
OF SHORELINE USEO TQ,CM.CU1.A.TI! AU.OWABLI:.NUM8IR OF WET'SUPS,,:,'
, ,AND ALJ..OWINO fOR EXEMPTIONS TO THIS NlQUlfIIiMI!N'n secTION FOIIA.,,' , ~~:
,',; CONIIUCT AND, Sl!VEAAIiIILnY; SlC'fION'~PU811C4T10N'AS'THE COI..LIEA ",:,
eouNtY lAHD I)EYB..OPMINT CODEj ""I) 81CT1ON SIX, I!F~ctIVI,DA.TE. ' ',;he
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A111~tedp.lirtl..r. invited to,IlP~ and, be heard.Oopi..~.ftJe,propQsed',ordlnan,~~~:
" 8vllJl&DI~: fQ"PU~~lnlJ!l8ctlon in ~,Zonlng IIl1d ~d OeVlllop'lWlt ~ s.otjon~ Cortlm.lIti ':
PewtoplT1fl!'lt S81iv1.~ ,Center, 2$Q.O N. Hor8Mholl Dri.... blap~ F1~da;',~~" the
a:OOA:.M.W1d5:00'P.M;,Monday'~I1R,fUCl",Frlday.:;;,:",,: " ',:' '/ '(,:. '~':",.
If II parsondecidee to appeal aliy ~1,!~f~~:;'~,~ti6 COII..<COii\tY~'~a~'hi~"cOti\'::':'~'4'i!
wlthrelpect to allym8,tter COl1$ider'd,Jlt'lWctT,:m~lng,.Qr l.ti8lUlng, ',he wlll'ri..cj,:a':recri'l,
"thli proceedlnge, Ilfld for ,siJch purpou he, may: need 'to .n8U1'1!l that. varbatnl record of: tt)Q
pnx:8fdlnga is made, which reco\"d Inc~es~e teltlmdny and evIdenc:~,uPon which the.p~
, 'Isto b9b1liMd. ," "." "" ,.,,'
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If you an. a ~n with' a, disability wtlo ~,)t1y ~~liltlon in order1? J:)Euticlpatell:ftbls;:
proceeding, you ai'lull'ltltled. at 1)0 cost to ',yo,u. to.,tl:te pl'O\'Iilllon at certain U$lstance; Please "i ;"
,~corrtaCt the'Ccll1et' C~ Faoili,ti81S Manllgem.nt DepSrtment,lCloated at 3301 T.miami Tral,l : "<",
'East, BuIlding W. NlIplei.; Floirida 34,' 12.,., (;!~9) ,2~.8380. ~ted lIetltnin,Q ~evlCG6 for the " : ,"
, ,~J1h.Q ImJ)~l8cU'''' available 'In the County Commlsslonenl' Office:' , ': .,,<;, :',' ,:~;,;
. . ., .... . . . .' . . '" ';. :'.'-,
COl..UER COUNTY SOAAO OF COUNTY COMMISSIONERS " '
. " . OOLLIER COUNTY, FLORIDA (i): '
, ,; ", '~, BY: TOM HENNING. OHj,URMAN ,', '
; OWIG~T E. BROCK, CLERK , .'
"t".,u'" :
By. MNlha Vergara
Deputy Clerk
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NAPLES DAILY NEWS
Published Daily
Naples. FL :\-l102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serye as the authority. personally
appeared B. Lamb. who on oath says that the)
serve as the Assistant Corporate SecretaI') of the Naples Dail).
a daily newspaper published at Naples, in Collier County.
Florida; distributed in Collier and Lee counties of Florida; that
ih..: attached cop) of the ad\cnising. being a
I:UBLfC NOTICE
in the malleI' of PUBLIC NOTICE
was published in said newspaper I time in the issue
On April 1211l,2008
AlIiant further says that thc said "'aplcs Daily :\cws is a ncwspaper
Published at :\aples. in collier county, Florida and tbat thc said
ncwspapcr has heretofore been continuously published in said Collier
Count\'. Florida: distributed in Collier and r .ee counties of Florida.
(,<h:h day and has hecn entered as second ..:1ass mail math.'f at th~ post
office in "aples. In said Collier County. Florida. I,)r a period of ]
year next preceding the first publication of the attached copy of
ad\ertisernent: and alliant further sa\s that he has neIther paid nor
prolllis~d any r~rSOl1. firm Of I..:orporatioll any dis~oUlll. rehak.
\..'0l11nlission or refund 1"(:)[ the pllrpo...;I.~ of s~\.'uring this adYcr1!Scln.:nl ror
'''''''::;2'.'''':?_-
( Signature of affiant)
S",orn to and subscribed before me
This 12": Oil) Of April :W08
FEI 59-2578:\27
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NAPLES DAILY NEWS
Published Daih
Naples. FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared B. Lamb. who on oath say s that they
serve as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples. in Collier County,
Florida; distributed in Collier and Lee counties of Florida: that
ihe attached copy of the advertising heing a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
On April 12ll1.200X
,\fflanl furlh~r says Ihallh~ said "apks Daily .'\~ws is a n~wspap~r
l'ublish~d at :'\arks, in collia ~ounly. Florida and thatlh~ said
n~wspap~r has h~rdoCor~ oe~n continuously published 1ll saId Collier
County, Florida. distriouted in Colli~r and Le~ counties DC Florida.
cach day and has becn cntered as s~cond class mail mallcr at the post
office in :'\aples. in said Colli~r County_ Florida. for a period of 1
year next pre~eding the first publication of the attach~d copy of
advertis~ment. and affiant furthcr sa\'S that h~ has n~ith~r paid nor
promised any rerson, firm or corporation any dIscount rebate.
C01TIlllission or refund Il)f lh~ pllrpOS~ ofs~curit1g this ad\'crtis~nlent for
puhl ical ion 111 the saId newspaper.
J.~
( Signa..nlrc of affiant)
Sworn to and subscribed before me
This 12d,. Day Of April 200g
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, · ',ttEICAMENDMENT OYCLE 2007-2
' , , 'f'?' ','.' .". .', , ", '
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PUBLIC NOTICE
.
Notlce,is herel)yglv.n that on l\.tlMday.....,2I'..,:OO a.m., during Its regular meeting in the
Board of County Commissioners MeEltlng Room;Srd Floor. Building "F," Collier County Government
Center. 3301 East T$miami Trail, Naples, Florida, the Collier County Board of County Commissioners
propOses to take undfradvisemel1t an amendment to the Collier County Land Development Code,
. the title of which is as foltows:
AN ORDI~& OF THE BOARD, OF COUNTY COMMISSIONERS OF COLLIER
QOUN1')'.FL:OJlIIDA, AMENDING OFlDINANCE NUMBER 04.41, AS AMENDED,
'I't1t COW.eoUNTY LAND DEVlLOPMlNTCODE. WHICH INCLUDES THE
~~... LAND REGULATIONS FOR THE UNINCORPORATED AREA OF
OOUJfiR ~. FLORIDA. BYPFlQVIPINQ FOR; SECTION ONE, RECITALS;
SECTI()t1Il'W'Q,FlNDINGSOFFACTjSECTlONTHREE.ADOPTION,OF A,MENDMENTS
TO 1liS'.,.~ "DEVELOPMENT eooe,MORE SPECIFICALLY AMENDING THE
FOLLOWING:f8ECTION5.05..OJ .~BYPROVIDING THAT' SHORELINE
WITHIN A CONSERVATION EASEIIINT BE, DlDVCTED FROM THE AMOUNT
()FSHOREWNE USED TO CALCULATE ALLOWABLE NUMBER OF WET SLIPS.
AND ALLOWING FOR EXEMPTIONS .TO THIS REQUIREMENT; SECTION FOUR.
OONFl.ICTANDSlVERAB'LnY; SE9T1ONFlVE.PUBLICATlON AS THE COLLIER
QOUNtY LAND DEVELOPMENT CODE;...AND SECTION SIX. EFFECTIVE DATE.
Ailln~ested.P<<I'Ues are invited to appear8l'ld be he~, Copies of the proposed ordinance are
8Val.. fOIt,~ Inspection In the Zoning and Land Development Review Section, Community
De~i~Center. 2800 N. Horseshoe Drive, Naples, Florida, between the hoUl'$ of
8:00 ;(.M,' ama 5:00 FtM.. Monday through Friday.
If a per.son decides10 appeal anydec I)Y the Collier' County Planning Commission ,
with r8speot to any. matter considered' at 'meeting or hearing, he will need a l1lCord of
the proceedings, and for such purpose he may need to ensure that a verhatim record of the
proceedings is madEl, which record includes the testimony and evidence u'pon which the appeal
is to be based.
If you are a person ~ith a disabllity-who neect$'8I'Iyaccommodation in order to participate in this
proceeding, you .a~ eJltitled. at no cost to You, t() .~provision of certain assistance. Please
contact the ColIllW C<?UntY Facilities Management Department, located at 3301 Tamiami Trail
East, BUlldlng~,~s, Florida 34112, (2~~)262~8380. Assisted listening devices for the
h~Irh~~~avallabJe in the County Commissioners', OffIce.
dOLLlER COUNTY BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: TOM HENNING, CHAIRMAN
,
DWIGHT E. BROCK, CLERK
By: Martha Vergara
Deputy Clerk
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COMMISSIONER HANCOCK:
COMMISSIONER MAC'KIE:
COMMISSIONER HANCOCK:
CHAIRPERSON BERRY: We
item.
Thank you very much.
MR. FERGUSON: Thank you very much.
COMMISSIONER NORRIS: You have to call it.
CHAIRPERSON BERRY: Oh. All those in favor of tabling the item?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries five-zero.
Yes, that's important to vote on that.
Motion to table for --
Second.
-- two weeks.
have a motion and a second to table
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Item #12B6
ORDINANCE 98-24 RE PETITION PUD-97-18, KAREN BISHOP OF PROJECT
MANAGEMENT SERVICES, INC., REPRESENTING SIGNATURE COMMUNITIES, INC.,
REQUESTING A RE FROM RMF-6, RMF-12 (6) AND RMF-12ST(6) TO PUD TO BE
KNOWN AS LANNED UNIT DEVELOPMENT FOR A ~ffiXlMUM OF 531
MULTI-FAM ELLING UNITS LOCATED ON THE NORTHWEST CORNER OF 111TH
AVENUE NORTH AND VANDERBILT DRIVE (WIGGINS PASS LANDINGS) - ADOPTED
WITH STIPULATIONS
Okay, moving on then to item 12(B) (6). Petition PUD-97-18
representing The Dunes PUD.
COMMISSIONER CONSTANTINE: Madam Chairman, disclosure here. I
have spoken with the petitioner, but I will base my --
CHAIRPERSON BERRY: Well, we've got to swear everybody in first,
okay?
COMMISSIONER CONSTANTINE: Sure.
CHAIRPERSON BERRY: All right, all people wishing to speak to
this issue, please rise to be sworn in.
(All speakers were duly sworn.)
CHAIRPERSON BERRY: Disclosure. I have had communication from
the petitioner and others in this particular area, but I will base my
decision according to law.
Commissioner Mac'Kie,
COMMISSIONER MAC'KIE:
people outside the hearing
the facts we hear today.
COMMISSIONER NORRIS: Same disclosure.
CHAIRPERSON BERRY: You already did.
COMMISSIONER HANCOCK: Disclosure. I met with the petitioner
with representatives from two separate associations affected by the
property, a couple of dogs, a few cats and I think a mouse.
COMMISSIONER MAC'KIE: We are getting tired, aren't we?
CHAIRPERSON BERRY: Okay, Mr. Nino.
MR. NINO: Ron Nino, planning services department.
The petition that's before you asks that you rezone property
currently zoned basically for six dwelling units per acre to a PUD
classification to allow 531 multi-family or mixed residential dwelling
units to the 88.5-acre tract that is -- that is contained within this
PUD.
The Planning Commission -- incidentally, that density is
consistent with the premise that all of the property that makes up the
88.55 acres, including land that is currently included in platted
disclosure?
Have I talked to -- okay, I've spoken with
about this, but I'm gonna decide based on
8a
rights-of-way and proposed waterways, is part of the total acreage,
and that the six units per acre ought to apply to that entire BB
acres, and consequently we come up with 531 dwelling units.
If you accept that proposition, then clearly the PUD is
consistent with the future land use element, since the RMF-6 zoning is
the subject of the ZRO process and was confirmed. Actually, the ZRO
process down-zoned the property from its current designation of RMF-12
to 6, so that -- that went through the ZRO process and was confirmed
as six dwelling units per acre. That makes it consistent with the
future land use element.
All other reviews for consistency with applicable elements of the
growth management plan suggest that if this plan is approved as
proposed, that it would be indeed consistent with all elements of the
growth management plan.
The Planning Commission heard this petition on January the 15th,
and by a unanimous vote, recommended approval of the PUD.
There was one -- there was a concern raised that -- by the
District II and by residents in the Vanderbilt Beach area -- that the
access on Bluebill Avenue ought to play a minor role in access to this
property. And that resulted in the development of some stipulations
that are not contained within the PUD that you have, that are
responsive to that citizen negotiation process.
COMMISSIONER HANCOCK: I think the petitioner prefers to call
that wanting to be a good neighbor.
MR. NINO: So in fact, we have a PUD, as amended, with the
additional stipulations that appears to be consistent with local
concerns, and is indeed a PUD that the Planning Commission has
recommended.
I'd be happy to answer any questions.
COMMISSIONER HANCOCK: Mr. Nino, if I may?
CHAIRPERSON BERRY: Go anead.
COMMISSIONER HANCOCK: Since you're familiar, I'm going to go
down my hit list, since I haven't had a chance to review this, and
maybe you can tell me whether these are included or not.
Did The Dunes project include in their site plan a minimum
20-foot easement along Bluebill Avenue for a variety of purposes? Is
that included in the PUD somewhere?
MR. OLLIFF: Twenty-five.
COMMISSIONER HANCOCK: Twenty-five foot easement?
MR. NINO: Twenty-five feet, yeah, 25 feet.
COMMISSIONER HANCOCK: I see Ms. Bishop shaking her head, so I'll
tell you what, I'll hold that question 'til Ms. Bishop's to the
microphone.
The following is just a list: No construction traffic
MR. NINO: Page two-four of the handout
COMMISSIONER HANCOCK: Okay.
MR. NINO: -- there's the provision for -- "The south 25 feet of
the property will be available for use by the owners of the Dunes
Project and by Collier County", to serve as the joint landscape to
facilitate a possibility of a county parking facility along Bluebill
Avenue. (sic.)
COMMISSIONER HANCOCK: The reason that's important is it does not
then preclude us from placing beach parking on the north side of
Bluebill, should we decide to do so at a later date. So that was
something that was worked out.
Was construction traffic prohibited on Bluebill by way of the
PUD?
! 8 B
MR. NINO: I believe it is, and that is I believe that is on
page five-three of the handout.
COMMISSIONER HANCOCK: Okay.
MR. NINO: Construction traffic and other truck traffic shall not
be permitted through the Bluebill Avenue access.
COMMISSIONER HANCOCK: Okay. Was there a fair share contribution
required for a light at the intersection of Bluebill and Vanderbilt
Drive on the PUD?
MR. NINO: I'm -- there have been a number of guesses.
COMMISSIONER MAC'KIE: It's G on five-three. Applicant shall
contribute a fair share toward the cost of traffic signals.
COMMISSIONER HANCOCK: And one thing I ask of the applicant were
(sic) that because of the nature of this project, its location, its
obvious marketing due to proximity of the beach, that they be
responsible for sidewalk improvements, getting people over the bridge
on Bluebill Avenue. Can you point to where that has been included?
Would it be maybe page five-four, item I?
MR. NINO: Page five-four.
COMMISSIONER HANCOCK: See how I catch on after a few minutes?
MR. NINO: That's correct.
COMMISSIONER HANCOCK: Okay. There are a couple of other things,
but that was punch list A, and I've discussed with Ms. Bishop some
other requests, so that's all I have for now.
CHAIRPERSON BERRY: Okay. Commissioner Mac'Kie, do you have any
questions?
COMMISSIONER MAC'KIE: No.
CHAIRPERSON BERRY: Commissioner Norris?
COMMISSIONER NORRIS: No.
COMMISSIONER CONSTANTINE: No.
CHAIRPERSON BERRY: Commissioner Constantine?
I think"we'll hear from Ms. Bishop, if she'd like to get
something on the record.
MS. BISHOP: Karen Bishop, applicant for -- excuse me,
representative for the applicant.
I really don't want to add more than what Ron has to say, due to
this late hour. I do have a little handout of the improvements for
the pedestrian walkway over the bridge that you might be interested
in, Mr. Constantine -- Mr. Hancock. There's the big picture up there.
COMMISSIONER CONSTANTINE: It just cost a vote right there.
COMMISSIONER HANCOCK: You need four, be careful now.
Okay. And I assume this is being entered into the record by way
of anticipated improvements? Thank you.
What we have there is kind of a dangerous situation right now,
and this would actually make -- go a long way towards improving the
strong pedestrian character of the area.
Ms. Bishop, second thing is that the -- what is called the
marginal wharf, which I have still looked for in the dictionary and
can't find what exactly that means, but it looks like a boardwalk
along the mangrove area. That obviously has to be permitted by the
state. But I wanted to ask that overnight docking of vessels be
precluded along that wharf.
MS. BISHOP: Well, I appreciate that that's what you would like.
I would like to ask you if perhaps we could look at another way of
doing that in that I still have to go through the federal land state
permitting. I mayor may not even get that.
And perhaps I could come to you with a plan at that time for you
to look at what's out there, which gives the -- there's several public
88
in -- processes through the permitting that would give people their
opportunity to speak.
Because it was such a late hour this morning when you mentioned
this -- and this has been a part of our PUD from the beginning -- and
that we've been in this process now for three or four months, that
it's kind of out of left field for us, and I would like to try to
leave it in there. It's just a use, it doesn't really give me the
ability to do it unless I get my permits from the state.
COMMISSIONER MAC'KIE: You know, the hoops are so severe that
have to be jumped through for any kind of overnight parking --
overnight docking at the state and federal level.
COMMISSIONER HANCOCK: My concern is that a boardwalk becomes a
marina. If we allow vessels to be moored there overnight, basically
anyone can tie it up and leave it there as long as they like, and next
thing you know, we've got 200 vessels moored up there. And that's my
concern.
The reason it was late is because the Property Owners Association
of North Collier County faxed me this morning. I had had discussions
with the Vanderbilt Beach Property Owners Association as much as a
week ago, but was still waiting to see the plans and to look at them.
And I really didn't think it looked like you were trying to build a
docking facility but rather just a pedestrian boardwalk. So I didn't
think it was going to be a real problem, to be honest with you.
MS. BISHOP: Well, what we did at the time we put that in there,
we wanted to show some sort of water activity. We put in there the
docks because we -- it's a normal use for residential along
waterfront.
What I'd like to be able to do is
conditional use or provisional use and
that plan, if I can get it permitted.
I would have to adhere to at the state
this canal, I can assure you, there'll
not wide enough.
COMMISSIONER HANCOCK: If you're willing to put it in as a
conditional use that will require board approval at some point in the
future I'd be glad -- that would be happy I'd be fine with that,
because that gives the community a chance to review and --
MS. BISHOP: Yes.
COMMISSIONER HANCOCK:
to a marginal wharf.
MS. BISHOP: Thank you. Thank you, that's what we would like to
do then. Provisional or conditional use, whichever you prefer.
COMMISSIONER HANCOCK: Okay.
CHAIRPERSON BERRY: Okay. Any questions? Mr. Kant?
MR. KANT: Edward Kant, transportation services director.
I just wanted to put on the record that we had not had a chance
to review the sidewalk proposal across the bridge, and I would simply
want to make sure that you recognize that subject to a structural
engineering review, we -- there may be more extensive work than is
shown on that drawing. That's to be taken as a conceptional drawing.
COMMISSIONER HANCOCK: It may be safe to say, then, that I assume
you've done a cost to construct on those sidewalk improvements, Ms.
Bishop, and do you know what that cost to construct is?
MS. BISHOP: Yes, sir. From the structural engineering that we
hired, which is Jenkins and Charland, they have given us an estimate
of $120,000 to do the improvements over the bridge. And that, I
believe, is on the exhibit I gave you.
just stick it in as a
come back to you again with
There is certain criteria that
level. Because of the width of
never be a marina here, it's
-- respond to detailed plans, as opposed
Qj
o
COMMISSIONER MAC'KIE: It is.
120,000.
MR. KANT: And that would be for both the north and south
sidewalk improvements, as shown on that. So are we to assume that the
developers would be responsible for all those improvements?
MS. BISHOP: Yes.
COMMISSIONER MAC'KIE: Yes.
COMMISSIONER HANCOCK: Yes.
MS. BISHOP: That's as stipulated in the PUD.
MR. KANT: Okay. Again, we would still -- if prior to issuing
any permits, we still want to make sure we had adequate review.
COMMISSIONER HANCOCK: Yeah. Obviously, if it isn't going to
work, we're going to want to revisit it. But we're going to assume at
this point that Jenkins and Charland designed something that will work
or proposed something that would work.
Okay. Just for information sake, I only received one objection
to the height from a resident in Vanderbilt Beach, which was kind of
surprising. The folks that live in Baker Carroll Point, which is
across the waterway, I have not received correspondence in the way of
objecting.
Have we received anything for the record, Mr. Nino?
MR. NINO: No, we haven't.
COMMISSIONER HANCOCK: Okay.
to the height from --
MR. NINO: Other than what's in your -- well, there is some stuff
in your -- some material in your packet.
COMMISSIONER HANCOCK: I think the Ed Ruff proposal scared
everyone to death when this started to look pretty good.
COMMISSIONER MAC'KIE: Yeah.
MR. NINO: Yeah.
CHAIRPERSON BERRY:
MR. NINO: There's
present some -- I think
frankly.
COMMISSIONER HANCOCK: Okay.
MR. NINO: And they're dealing -- still dealing with a 15-story
building --
CHAIRPERSON BERRY: Right.
MR. NINO: -- which, as you know, we managed to get it reduced to
Approximate construction cost,
I received one phone call objecting
I think we all got that same correspondence.
correspondence in your packet that does
they're more confused than objecting, quite
12.
CHAIRPERSON BERRY: Okay. Do we have any speakers on this?
MR. FERNANDEZ: Yes, Madam Chairman, we have two. Don Cox and
Dick Lydon.
MR. COX: My name is Don Cox. I'm a resident of Vanderbilt
Towers III, that's on Baker Carroll Point. Baker Carroll Point is in
back of the park.
When I moved there, there was five condos. There are now 10.
This, in my opinion, has kind of gotten out of hand because of the
fear of parking. It all started about a year ago. And it hit the
newspaper that there was going to be parking and a trolley service.
And there was a meeting that was held in the church last March, and it
was full of people, and they were very much opposed to this parking.
COMMISSIONER HANCOCK: No, sir, you're wrong. Some of them were
opposed and some of them were in favor.
MR. COX: Well, I was there, sir.
COMMISSIONER HANCOCK: So was I.
MR. COX: And I'll tell you, I'll go for 90 percent.
8a
COMMISSIONER HANCOCK: You'll be wrong, but that's fine.
MR. COX: Well, it was awful close to it.
I'm not opposed to the project at all, believe me.
I do have a little bone to pick with you, though, sir, because
last year somebody told me that you said that it was an eyesore, the
south side of the street was an eyesore on Bluebill; was that true?
COMMISSIONER HANCOCK: At times --
MR. COX: Because if it wasn't then --
COMMISSIONER HANCOCK: Excuse me, excuse me, are you going to let
me answer the question?
MR. COX: Yes.
COMMISSIONER HANCOCK: At times, yes, it can be.
MR. COX: Pardon?
COMMISSIONER HANCOCK: At times, yes, it can be. People dump
things over there and whatnot. Yes, sir.
MR. COX: Okay, I'll go along with that. It's just a little -- a
little -- a comment.
For the last six months I'll guarantee you it's been an eyesore.
COMMISSIONER HANCOCK: I know it has.
MR. COX: Okay. The problem -- the problem that's going to
exist, and a serious problem in my mind, is that I think that my right
to get to my house is every bit as important as somebody else's right
to get to the beach. And the traffic there and the congestion is a
very serious problem. It backs up from the park, the whole way to the
cemetery.
COMMISSIONER MAC'KIE: I think we're talking more here about the
proposal for Bluebill's park development than we are about this
particular project, though, sir.
MR. COX: Well, no, we're certainly not. We're talking about it
here.
I won't take long, ma'am. You be -- I won't take long:
The problem is, as it stands now, when people try to leave the
proposed parking lot, they won't be able to get across the traffic to
be able to go east. And it's going to back traffic up and make life
miserable for everybody, the people that park, the people that try to
use the lane, because all the traffic from 3:00 in the afternoon goes
east. That means they have to cross the roadway. And it's going to
be murder.
And if you want proof, go right up the street to the church.
Because every Saturday afternoon and every Sunday morning, they have
to have a policeman there to stop the traffic to get the traffic out
so they can clear their parking lot. Every -- it happens all the
time. It's constant.
I think the parking lot is on the wrong side of the street. And
the reason they want to put it there is they have a terrible fear that
since Collier County owns both sides of the street, that they were
going to put two parking lots in and really have -- that was their
fear, sir, believe me.
COMMISSIONER HANCOCK: Sir, you've already stated several
inaccuracies. And I'd love to sit down and talk to you about them,
because they're simply not true. There is no plan right now that says
this is what we're going to do. We're still working with the
parameters of what is --
MR. COX: Mr. Hancock.
COMMISSIONER HANCOCK: -- and isn't acceptable here.
MR. COX: -- I said it was their fear. It was there. They're --
they were fearful. They were fearful that there were going to be two
88
parking -- and a trolley and a tram and everything else. Historically
COMMISSIONER CONSTANTINE: Back to the actual petition at hand,
though -- I hate to bring us back to the topic we're supposed to be
discussing, but your concern is -- you're okay with this or you're not
okay with this?
MR. COX: Oh, I -- this is a wonderful company. They're doing a
great job down the street. They're fine people. I have no problem
with them at all.
I'm just saying that in the future if the parking isn't studied
and restudied and figured out, we're going to have a monumental
problem on our hands trying to get down there; the users themselves,
the police department, the fire department and everything else. It's
a congested area and a small bridge.
COMMISSIONER HANCOCK: So you're opposed to any additional beach
parking in the area?
MR. COX: No, no, I'm not.
COMMISSIONER HANCOCK: Okay.
MR. COX: I think we should have parking for people. I think we
should restudy where the parking should be.
COMMISSIONER HANCOCK: That's what I meant, in the area.
MR. COX: And I'll tell you why. If you go back in history and
you -- and you look at it, the people park on the south side of the
street because they could pull onto the lane and pull away in a
minute.
COMMISSIONER HANCOCK: I look forward to your comments, because
we're not done even talking about that scenario yet. Nothing's set in
stone, so --
MR. COX: That's fine, sir.
Thank you for listening to me.
CHAIRPERSON BERRY: Thank you.
MR. FERNANDEZ: Next speaker is Dick Lydon.
MR. LYDON: Dick Lydon, president of the Vanderbilt Beach
Property Owners Association.
I could go on for several hours about that previous conversation,
but I'd just like to say we think that Signature is going to be a good
neighbor. The aesthetics of a boardwalk outside of the fringe bothers
us a little bit, and we really think we don't need any 75-foot yachts
tied up alongside of that mooring. But in the interest of getting
you-all out of here on time, thank you very much.
CHAIRPERSON BERRY: Thank you, Dick.
If there's no further speakers, then I will close the public
hearing.
COMMISSIONER MAC'KIE: I'll make a motion to approve the project
-- wasn't there -- with the additional stipulations in the handout
that Mr. Nino gave us at the beginning of the meeting. I'll make mine
available for the court reporter.
COMMISSIONER CONSTANTINE: And the conditional use --
COMMISSIONER MAC'KIE: I'm sorry, and additional use application
before the board as a precursor to any overnight boarding of boats at
the boardwalk.
COMMISSIONER HANCOCK: Well, actually it was just covering the
marginal wharf.
COMMISSIONER MAC'KIE: Marginal wharf.
CHAIRPERSON BERRY: Marginal wharf?
COMMISSIONER HANCOCK: That's their term. I again still don't
know what that means.
8B
COMMISSIONER MAC'KIE: Nobody does, but it's --
COMMISSIONER HANCOCK: But it's how it's referenced, so -- the
marginal wharf is a conditional use and must require a board hearing.
Is that entertaining the motion?
COMMISSIONER MAC'KIE: That's my intent.
COMMISSIONER HANCOCK: Okay.
CHAIRPERSON BERRY: We have a motion.
COMMISSIONER NORRIS: Do we have a second?
CHAIRPERSON BERRY: Do we have a second?
COMMISSIONER HANCOCK: I'll second the motion.
CHAIRPERSON BERRY: Okay, we have a motion and a second. Any
further questions?
If not, all in favor.
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries five-zero. Thank you.
COMMISSIONER HANCOCK: I'd like to thank the board. Mr. Cox is
Item #12C6
RESOLUTION 98-84 RE PETITION AV-96-001 VACATING THE PLATS OF WINGGINS
PASS LANDING UNIT 1 AND WIGGINS PASS LANDINGS UNIT 1 ADDITION - ADOPTED
MR. MULLER: There's a companion item --
(Commissioner Mac'Kie exits area to audience area.)
COMMISSIONER HANCOCK: -- looking at it in perspective, the 25
feet being given is in case the parking area goes into the north. We
don't know where or if it's going to go. That's what we're going to
have to decide later after more input from the community. So this
didn't make that decision happen. This is just not precluding it.
MR. COX: Yes, sir, thank you.
MR. MULLER: I have a companion item to that. I have a companion
item to that petition.
CHAIRPERSON BERRY: 12 (C) (6)?
MR. MULLER: Correct.
CHAIRPERSON BERRY: Yes, petition AV-96-001 to vacate the plats
of Wiggins Pass Landing --
COMMISSIONER CONSTANTINE: Move the item.
CHAIRPERSON BERRY: unit number 101.
COMMISSIONER HANCOCK: Second.
CHAIRPERSON BERRY: We have a motion and a second. Any questions
or comments? If not, I'll --
MR. WEIGEL: You want to close the --
CHAIRPERSON BERRY: -- close the question. All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries four-zero.
Thank you for your presentation.
CHAIRPERSON BERRY: Commissioner Mac'Kie?
COMMISSIONER HANCOCK: Pam?
CHAIRPERSON BERRY: Excuse me, did you wish to vote on that last
item?
COMMISSIONER MAC'KIE: No, ma'am, you're fine.
CHAIRPERSON BERRY: Well, you have -- I think you have to vote.
COMMISSIONER HANCOCK: You're in the room.
CHAIRPERSON BERRY: If you're here.
Sylvia Difalco
From: Karen Bishop [karenbishop@pmsnaples.com]
Sent: Tuesday, April 08, 2008 8:13 AM
To: Richard Yovanovich
Subject: FW: ccpe Minutes of 1/15/98 on Petition: PUD-97-18 dunes
Attachments: Documents 03_24_1998 R.tif
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4/8/2008
Page I of I
88
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January 15, 1998
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TRANSCRIPT OF THE MEETING OF THE
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COLLIER COUNTY PLANNING COMMISSION
Naples, Florida, January 15, 1998
LET IT BE REMEMBERED, that the 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:
Michael A. Davis
Russell Priddy
Russell Budd
Michael J. Bruet
Donald J. York
Edward ll. Oa tes
Gary Wrage
Michael Pedone
ALSO PRESENT: Marjorie M. Student, Assistant County Attorney
Ron Nino. Planning Services
Robert Mulhere, Planning Services
Page 1
M. '\!.JJyc,J
16Gl I 8'B
AGENDA
COllIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., nruR.SDAY,
JANUARY IS, 1998 IN THE BOARD OF COUNlY COMMISSIONERS MEETING ROOM,
ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER. 3301 TAMIAMI TRAlL
EAST, EAST NAPLES, FLORIDA:
NOTE:ANY PERSON WHO DECIDED TO APPEAL A DECISION OF
THIS BOARD WILL NEED A RECORD OF TIm PROCEEDINGS
PERT AINING TIIERETO, AND TIIEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF mE PROCEEDINGS IS
MADE, WInCH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL MATERIAL USED IN PRESENTA nONS BEFORE THE CCPC
WILL BECOME A PERMANENT PART OF TIlE RECORD. rnESE
MA TERlALS WILL BE AVAILABLE FOR PRESENTA nON TO THE
BOARD OF COUNTY COMMISSIONERS.
1. ROLL CALL BY CLERK
2. ADDENDA TO THE AGENDA
3. APPROVAL OF MINUTES:
4. PLANNING COMMISSION ABSENCES:
5. BCC REPORT
6. CHAIlU.1AN'S REPORT
7. ADVERTISED PUBLIC HEARINGS:
A. Petition No. Bo-97-27, Miles L. Scofield. representing Richard A. Schmic!t. requesting a 5 foot boal dock
extension to allow for a 25 foot boat dock and boat lift for property localed at 237 Bayfroot Drive. further
described as Lot 13, Bayfrout GardcDs, in Sec:tiOll 6, Towuship 48 South. Ranle 2S EasL (Coordinator:
Fred Rcischl)
B. Petition No. PDI-97-8. Bruce Tyson, AICP, of Wilson. Miller, Banoa &. Peck. lac.. rcprncnting CFS-I
Pavilion Ltd.. requesting an insubstantial changc detcrminatiOll to the Pavilion Sboppmg Center PUD Master
Plan by creating an outpucel for property located in the northwest quadrant ofVandctbilt Beach Road (C.R.
862) and Tamiami Trail North (U.S. 41). in Sec:ti0ll33, Township 48 South. Range 25 East. CoUier County,
Florida. (Coordinator: Ray Bcllows)
1
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16G 1
C. Petition No. PUO-97-11. William L. Hoover. AICP, of Hoover Pluming Sboppe and Beau Keene. P.E.. ot
Green. Keene" Erek. Inc.. repraenliDg frank ClesCD & Soos..Inc.. requesting a rezone from "E" Estates to
"pun" to be known as Clesen PlIO (or conunerciaJ uses, for plOj)Cl1)' located on the north side of Pine Ridge
Road (C.R. 896) . ','. mile east of the intmccUon of Pine Ridge Road (C.R. 896) and Whippoorwill Une. iI:
Section 7. TownslUp 49 South. Range 26 East. consistina of 4.33 acres, more or less. (Coordinator: Bryar.
Milk)
D. Petition No. PUD-83-17( t), Community Development and Environmental Services Division represeDtin~
the Board of County Commissioners requesliDe an amendment to the Ford Motor Company VelUde
Evaluation Center PUD for the purpose of pcrminiDg (csliDe of aU types of motor vehicles and permitting a
communication tower for propcny located north of Alligator AUey (1-7 S) and cast of Golden Gate Estates ir:
Sections 22. 27 and 34. Township 49 South. Range 28 East. Collier County, Florida. consisting of 530.3:
acres. more or less. (Coordinator: Wayne Arnold)
E. Petition No. PUD-S7-31 (3). Timothy W. Ferguson and Dominic Gadaleta representing SJG Land Trust
requesting a rezone from "PUO" to "PUO" for the Planned Unit Development known lU Gadaleta. having tht
effect of :unending the Gadaleta pun in respoDSc to requirements of Section 2.7.3.4 of the Unc
Development Code. Resolution 97-134. for property located on th-: west side of Old Tamiami Trai
North/Old U.S. 41 Nonh (C.R. 867) and immediately contiguous the Lee County boundary line in Sectier
10. Townsl1ip 48 South. Range 26 East. CoUier County, Florida. containing 19.3 acres. more or less
(Coordinator: ROD Nino) (Continued to the Meeting oCFcbruary 5. (998)
F. Petition No. PUD-97-16. MeAnly Engineering" Design, Inc.. representing Toll Brothm.Inc.. requesting:
rezone from "PUD" (C:lSa Del Sol Golf" COWltry Club) and "A" to "ptJD.. Planned Unit Development to bl
known as Naples forest Country Club for a mixed use community cOOs:.sting of no greatc:r then 785 mixel
residential dwelling units; golf coune, clubhouse and related rcereabond amenities; and ISO.OOO square fee
of commercial floor space for propeny located at the northwest quadrant of C.R. 951 and Ranlesnake
Hammock Road (C.R. 864) in Section IS. Township so South. Range 26 East. Collier County, Florida
containing 485 acres, more or less. (Coordinator. Ron Nino)
G. Petition No. PUD-97-18. Karen Bishop of Project Management Services Inc.. representing Signarur
Communities. lnc.. requesMI a rezone from RMF-6. RMF.I2. RMF12ST aod RMf'-16 to PUO 10 b
known as Wiggins Pass Landings Planned Unit Development for a maximum of 531 multi-family dwellin:
UOJts. loc;ued on the nonhwest comer of 11 I III Avenue North (Bluebill Avenue - also known as C.R. 846
and Vanderbilt Drive (C.R. 901) , further described as Lots I thna 10. Block: I. ;all of Block 2 and Lots I thr
16. Block .3. WiggInS Pus Landings Unit #1. and Lots I thn14. Block 1. Wiggins Pass iandings Unit ::1
Addition. in Section 20. Township 48 South. Range 25 East. consistt&JS of 88.5 acres. more or les~
(Coordinator: Ron Nino)
H. Petition No. PDI-97-7, Barbara H. Cawley, AlCP. of Wilson. MiJler. Banon " Peek. Inc.. rcpresentlo~
Grey Oaks Development Corporation. requesting an iDsubStaDW change determinatioD to the Grey O:tlt
PUO by revising the Master Plan to move nine boles of a golf course from the southeast quadrant to th,
northwest quadrant of the projec~ in Section 25. Township 49 South. Range 25 East. (Coordinator: Ro:
Nino) (Continued Indermite)
l. Petition No. PUD-84-7(6). George L. Varnadoe of Young. vanAssenderp & Varnadoe. P.A.. represcnnng [
Y Associates Joint Venture. a Florida General Pannmhip. for a rezone from "PUO" Planned Un:
Development and "A" Rural Agricultural to "PUO" Plamed Unit DevelopmCtl~ having the effect c
amending the Fiddler's Creek ponion oC the Marco Shores PUD and adding 1.385 acres thereto whil
holding constant the CUlTcntly authorized number of dwellmg units. namely 6.000 fat the fiddler's Cree:
portion of the Marco Shores pun lymg m SccUODS 13.14.15.22. 2J and 24. Township 51 South. Range 2.
East and SectioDS 18, 19 and 29. Township 51 South. ~ 27 East. Collier County, Florida. consisting c
3.763.99 acres. more or less. (Coordiaaror: RoD NiDo) (CompaDiOIl to DOA-97-3) (Continued to th
Meeting of Febnwy 5.1998)
2
~
II
16G"1
J. Perition No. DOA-97.3. GCOfJc L. Vamadoc oCYOUDI. VUlAsIcudcrp " Varnadoe. P .A.. repn:senting D Y
AsIoc:iatca lomt VCONrC, . Florida GcaeraI Parmcnhip. tor an amendment to the Marco Shofes/Fiddler'!
Creek Development Order 84-3, U UIlCDdcd for the PUIpOse o( adding 1,38S acres to the Fiddler's Cree~
portion of said development order. IDd companion Planned Unit Development zoning regulation. and l(
adopt a Dew Muter Plan for said added uca while leaviDl constant the c:um:ntly authorized number 0
dwelling units, namely 6,000 fOf the Fiddler's Creek portion of Marco Shores. said additional land area i:
located in Section 18. 19 and 29. Township S 1 South. Range :7 Eut. Collier County, Florid:1
(Coordinaccr: Ron Nino) (ComplDion to PUD-84-7(6)) (Continued to Febnwy S. 1998)
8. OLD BUSINESS
9. NEW BUSINESS
10. DISCUSSION OF ADDENDA
11. ADJOURN
1115198 CCPC AGENDAlmd
3
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January 15, 1998
And I would remind you ot the Club Eatate. immediately to the
nor~h of che Savage-Nation.Sank property_ That they were able to deal
with a PUO entirely within the boundaries of their property.
I would also suggest, as I did at meetings with the petitioners,
that in the real world, the Casa del Sol POD Master Plan is not a
viable Master Plan to begin with. It was never -- it has achieved no
permitting from the Water Management District. And I think we know
enough about the environmental conditions in this area to know that
that plan would have had to have been substantially altered, in any
even t .
CHAIRMAN DAVIS: Did you have something you wanted to add as the
petitioner's representative before we close the public hearing?
MR. NADEAU: Not anything to add, but we're not willing to
entertain any continuance. We'd like to move forward today,
conunissioners.
CHAIRMAN DAVIS: Okay. With that, I'll close the public hearing.
MR. PRIuDY: Mr. Chairman, I'd like to recommend that we approve
PUD-97-l6; recommend for approval.
MR. BUDD: Second.
CHAIRMAN DAVIS: Motion of approval by -- recommendation of
approval by Mr. Priddy, seconded by Mr. Budd.
Discussion?
With that. I'll call the question. All those ir. favor signify by
saying aye.
Opposed?
(No response.)
CHAIRMAN DAVIS: Carries unanimously.
MR. NINO: For the record. that includes Environmental Advisory
Board recommendation?
CHAIRMAN DAVIS: The attachment of it.
MR. OATES: No, the incorporation of it.
CHAIRMAN DAVIS: The incorporation of it.
We're going to take a five minute break.
(A recess was taken.)
CHAIRMAN DAVIS: I'll call the meeting back to order. And the
last item on our agenda today is PUD-97-18. I'd ask all those present
that may want speak on this petition, so the court reporter may swear
you in.
(All speakers were sworn.)
CHAIRMAN DAVIS: Thank you. Mr. Nino?
MR. NINO: Yes. For the record, my name is Ron Nino. I
understand from Mr. Priddy that your package didn't include a plan.
I think it's important that you look at the plan and get an
appreciation of the facts.
MR. PRIDDY: Location map.
MR. NINO: And this map here -- if you'd give it back to me
thank you.
The property -- the petition that's before you asks you to
recommend rezoning land, and I think it's important to appreciate this
fact. Rezoning land that is currently rezoned multiple family and
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January lS, 1998
allows, currently allows up to six dwelling units per acre to be
conscructed on this property.
The reason for the POO, however, is to establish development
standards that are not allowed under the RMF-12 multiple family
classification. The RMF-12 multiple family district allows buildings
of 50 feet in height.
This petition, and by virtue of the POD, you know, where you can
ask for your own development agenda, seeks to allow buildings that, in
fact, would be lS stories over parking, and allows massing
arrangements that are different than is allowed within the RMF-12
district.
It sets up its own space between building setbacks, and things of
that, and development requirements of that nature. So that's why
they're seeking the PUD classification, as opposed to simply going in
and immediately developing the property as it is zoned. Given that
fact, the petition is consistent with the Future Land Use Element.
This zoning was approved -- actually, this property was
down-zoned through the zoning re-evaluation program. And in the
status that it is now at, it is, of course, vested for what its -- the
zoning re-evaluation produced.
Now the zoning re-evaluation ordinance dealt with process, it's
important to appreciate, dealt with land that historically was zoned
RMF-12, RMF-6 and C-3. The corridor was zoned comme~cial and under
the zoning re-evaluation program, that was down-zoned to RMF-12 with a
cap of 6. '
While not applicable, because,the land is zoned for six dwelling
units per acre, we did do an evaluation for level of service C
project, that this project will not exceed the 5 percent threshold
tha~ triggers in a requirement through either phase development, to
phase development so that road impacts are maintained. levels of
services are consistent with the standards as provided for and the
property can be served by sewer and water.
petitioner will be required to meet the open space and
conservation elements of subsequent permitting procedures and
processes. Therefore, we have concluded, the staff, that this
petition, if approved, would be consistent with all elements of the
Growth Management Plan.
There is an issue, and I trust you've all noted that issue in the
staff report, and we may as well talk about it, because I'm sure it's
going to come up at some point in the game, and that is, how many
dwelling units is this property entitled to based on its current
zoning? In other words, are we adopting a POO that, in fact, allows
more density than they're currently allowed under the zoning that's in
place.
And thac's a complicated matter, quite frankly, and
administratively, our office has ruled that this petitioner is
entitled to six dwelling units per acre over the gross acreage of the
land that they own, which is 85.55 acres. Therefore, producing 531
dwelling units.
However, we need to appreciate that that 85.55 acres in fact
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January 15, 1998
includes a waterway that is 10.79 acres in area by itself. That's the
~orth-south water~ay -- north-south waterway, which is platted and
~hich is dedicated to the public. Nevertheless, the land beneath the
submerged land, the fee to that is part of the lands, the uplands. So
people own the land, even though there is a public waterway over it.
And we struggled with the issue of should density extend to that, and
administratively, ~e concluded that indeed they ought to.
I don't think that is an argument as it applies to the platted
rights of way. This is a platted piece of property. And since it has
~ot been developed, obviously they have a right to vacate the plat.
And inasmuch as they own the land on either side of the right-of-way,
the land would automatically become theirs, and therefore, become now
part of the gross acreage for which the zoning -- the zoning would
extend.
Remember, if you vacate a street and on both sides of it it's
zoned for six dwelling units per acre, then that line really, in fact,
=~ns to the center of the road under the Land Development Code.
What appears to be a water~ay in an east-west fashion here, an
east-west fashion here. that's never been developed. There is no
waterway there. And obviously, there shouldn't be any difficulty in
the vacation process to return that land to it's parent parcel.
And by that token, by that procedure, it would assume the density
of the RMF-12, with a cap of six density.
So we have various density scenarios that could come about here,
and they are listed on page 3 of the staff report. However, as I
would reiterate, it's staff's position that since they own fee to all
of the land, to 85.55 acres, and that procedurally and over the years,
density has always been granted on the gross density, that they were
enti~led to 531 dwelling units.
However, if we look at this property as it stands today and
acknowledge the waterways and the platted rights of way, you could not
build 531 dwelling units on this property.
MR. OATES: Mr. Chairman, I have a question. ! multiplied 85.5
:~~es six and I get 513.
:1R. NINO: I must be a terrible mathematician, but chat number __
MR. OATES: So did Mr. Pedone.
MR. NINO: Is that right? 8S.55?
MR. PEDONE: 85.55 times six units
MR. NINO: I'm sorry.
MR. PEDONE: It's 513.3.
MR. NINO: 85.55 times six.
MR. ARNOLD: 88.55.
MR. NINO: Is it SS? I'm sorry, the report is -- it's 88.55.
MR. OATES: Okay, well, that does make a difference, obviously.
MR. NINO: So I wanted to sensitize you to that issue. The PUD
that's before you, the PUD that you have, however, needs some
wordsmithing.
Let me go back to my report. Our position from
view is that -- and we've told you this many times.
be used as a vehicle to stray significantly from the
staff's point of
A PUD should not
standard zoning
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.l6GZ ,,~
January 15, 1998
districts that we have in Collier County. A PUD should not be used to
give you license to build 20-story buildings, unless there are indeed
unique and -- unique conditions.
So therefore, our staff's position has always been that you ought
to, your Pt~ should not exceed what you could normally get out of a
conventional multi-family zoning district.
Now, the RT Zoning Districtisa multi-family zoning district,
and it allows the tallest buildings in Collier County. It has a cap
of 10 stories. However, conditionally within the RT Zoning District,
and when we deal with conditional uses, it basically says if the
conditions are appropriate for granting the conditional use, you can
go to 125 feet.
So you could say that conventional zoning districts for multiple
family housing in Collier County, the tallest building that ~s
allowed. is 125 feet above the mean flood elevation.
Staff is recommending that the petition should not be approved
supporting their request for 15 stories above parking. So we do
support a PUD which would have the tallest buildings being 125 feet
above the mean flood elevation.
Now those buildings, it's important to appreciate, are located on
tracts R-l through R-S, which are the tracts furthest removed from the
intersection of Bluebell and Vanderbilt Drive. You'll note from the
Master Plan that's provided on the wall, it's the land that lies west
of the road, west and north of the road. So essentially, furthest,
with the exception, obviously, of the tract that is on Bluebell,
properties that are furthest removed from their impact on Bluebell and
Vanderbilt Drive.
And on Tract 6, the PUD establishes low rise multi-family
struttures not to exceed a height of 35 feet to 45 feet, respectively.
Staff can support that height limitation on parcel R-6. However. on
the parcels R-1 through R-S, our recommendation is that -- and the PUD
document that's before you doesn't reflect this recommendation -- that
you approve the PUD, but with a requirement that the maximum height of
buildings not exceed 125 feet above the mean flood elevation. Not
above par~ing, but above the mean flood elevation.
And I'd be happy to answer any questions.
MR. BRUET: I've got one for you.
CHAIRMAN DAVIS: Mr. Bruet?
MR. BRUET: Yes. Ron, if the applicant is perhaps not successful
in defending his position on submerged lands, and indeed, the State of
Florida says they do have ownership -- I know there are a lot of
grandfathering onerous process to go through -- but the State of
Florida has been very successful in making their point.
How would that loss of land affect the density if the PUD is
approved, because this is a year. probably, plus away, before this
could be determined. How would that affect the density?
MR. NINO: Would you ask that question again, Mr. Bruet? I'm
sorry.
MR. BRUET: Gee, I did so good, too.
(Laughter. )
Page 49
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16Gl
January 15, 1998
MR. BRUET: If the applicant is not successful in proving their
poi~t on submerged lands, okay --
MR. NINO: Successful to whom?
MR. BRUET: To the State of Florida. I mean, they're going to
have :0 deal with --
MR. NINO: It's not the State of Florida that will make that
decision. It's the Collier County Board of County Commissioners thac
will decide the rightness or the wrongness of extending the density
consideration to the north-south right-of-way.
MR. MULHERE: I think we mighc be able to clarify it. I'm noc
sure that there is any question but that they have title to the
submerged land. You're supposing that there is a quescion.
MR. BRUET: By ownership.
MR. HULHERE: Correct.
MR. BRUET: You mean by plat limit.
MR. MULHERE: That's correct.
MR. ERUET: Okay.
!1R. :1ULHERE: And they have by easement granted
MR. BRUET: Okay.
MR. MULHERE: -- the right for the public to transverse in that
waterway.
r1R. BRUET: So the board would still include it, regardless of
what development entitlements they have on that land.
MR. MULHERE: That's right. We have always calculated density on
a gross density basis.
MR. BRUET: -- regardless of --
MR. HULHERE: Gross acreage basis.
MR. BRUET: -- regardless of jurisdiction and entitlements and
the ~ike.
MR. NINO: Mr. Chairman. let me come back again. There were
letters received in opposition. Again, I received these letters after
you received your staff report. so I will hand them out to you.
MR. OATES: Can't delegate it to Bob.
CHAIRMAN DAVIS: He's used that joke once.
(Laughter.)
MR. ~VRAGE: I like a man who does his own work.
CHAIRMAN DAVIS: Mr. Nino. let me get this straight now. So chac
your final recommendation to us is to recommend approval at 531 units.
MR. NINO: Yes, 53l units, maximum l25 feet
C?~IRMAN DAVIS: 125 feet.
MR. NINO: -- 125 feet above the mean flood elevation on parcels
R-l through R-S.
CHAIRMAN DAVIS: R-l through R-5 only?
MR. NINO: Yes.
MR. PRIDDY: And just as a follow-up to that, Mr. Chairman.
they're asking for taller buildings, which staff is recommending
shorter buildings. So density could still be achieved by making those
shorter buildings fatter.
MR. NINO: Yes.
MR. PRIDDY: Okay.
Page SO
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January 15, 1998
CHAIRMAN DAVIS: It's a larger footprint.
MR. PRIDDY: Oh.
CHAIRMAN DAVIS: Fatter,! don't know.
MR. PRInDY: You folks in the urban area have your terms, we in
the rural area have ours.
CHAIRMAN DAVIS: All right. The representative of the
petitioner?
MS. BISHOP: Good morning. My name is Karen Bishop. I represent
the contract buyer, Signature Communities.
At this time. we have no problem with the staff recommendation on
the heights, and we are willing to bring our heights to l25 foot. We
have worked very diligently with staff on the density issues and the
alignment issues for these high rise tracts.
I want to point out on the map over here that during the
Environmental Advisory Board meeting that we attended, that the
advisory board recommended that we be allowed -- in other words, they
recommended that we move more into the wetlands to protect the site's
scrub oaks in the front. So that the heights of the buildings were in
an attempt to be able to protect more scrub oak, because that's
something that's not seen and in this intersection there is a really
nice dune area that we really would like to incorporate as our corner
visual, corner monument. so to speak, as you would.
But we are willing to bring it down to 125 feet. We believe we
still can still achieve that. We will have to do substantial
permitting with the agencies to allow us to get into more wetlands to
protect more of the scrub area. But that is what we have in mind in
general.
So we have no problem with dropping it to 125. I believe we can
stil~ achieve all of those things.
MR. PRIDDY: The other way to achieve that is to lower the
density slightly?
MS. BISHOP: I would say that that is not something that I would
-- that we're going to do. The density needs to stay what it is
because t~at's what the owners, you know, they're expecting that.
That's the density they have.
So what we're doing is trying to make the plan a better plan.
The old five story plan would have obliterated everything on the
site. So what we're trying to do is trying to keep the integrity of
the site with some nice mangroves. You have some really infested
mangroves -- not necessarily mangroves, but wetland areas -- that we
want to get into to protect the scrub oak that are there: because you,
in fact, could nuke all the scrub oak and still have 25 percent in
your open space and meet your 25 percent vegetation, but yet not keep
this really nice stuff.
So we're trying to do a little of both here. Any questions?
CHAIRMAN DAVIS: Any other questions?
All right. Thank you.
Additional speakers? Now's your chance. A lot of you have been
sitting here patiently all morning, so --
MR. FINKBINER: Good morning, gentlemen. My name is Bill
Page 5l
16Gl
January 15, 1998
Finkbiner. I'm president of the Gulf Breeze at Vanderbilt Beach
Association, and I'd like to explain where this -- for your
edif~cation -- where this property and so forth is.
If you're a boater at Vanderbilt Beach, you use this canal all
the time going into Turkey Bay, which is today being dredged. The
Gulf of Mexico is here, and the cemetery is here, and the Vanderbilt
Motel is right here.
Our condo, which consists of two 66-unit buildings, is about four
years old. And there are other condos -- one gentleman had to leave
this ~orning who was going to represent with the same feelings that we
have -- is Surf Colony I, which are three buildings right in here.
And if you remember, for years. there have been The Towers here.
I speak for many of the people that I have polled in o~=
association and we are 100 percent behind the proposal with one
exception. There will probably wind up being parking area here of
approximately 160 parking spaces. Across the street, which has been
in contention for quite some time now, we hope to have a park through
~his ~hole area from Vanderbilt Drive all the way dO~l to the canal.
The roadway of Bluebill Avenue is loaded; sometimes impassable.
The only problem we have is this roadway coming down, crossing this
proposed what we feel is the proposed parking area, which we'll have
to come and turn around and give some of the parking spaces away that
we've negotiated for, and just overburden this road right here.
I don't know what a probable solution is unless we could come
back up this way. This would cause a chaotic thing.
That's all I have to say if anybody has any questions.
CHAIRMAN DAVIS: Any questions? Thank you. sir.
MS. FITZGERALD: I'm Vera Fitzgerald, and I live not very far
away from this proposed development, and our concern is the traffic.
531 units will throw another 5310 vehicle trips a day on our
little roads. Most of them, or many of them, cut through our
community. As the streets get congested, they just cut right straight
through Naples Park. And nobody ever stops to think what is the impact
on the neighboring communities. And it's going to have quite an
impact on our community.
Fifteen stories has already been turned down just a little
further up the road. I agree with the gentleman on :he end, reduc~~g
the density would be a solution. Thank you.
MS. BAKER: I'm Jenny Baker. I live at 15 Bluebill Avenue, which
is right across from Don's, and I am on what is called the
Baker-Carroll Point. We are adjacent to Vanderbilt Beach.
I have a letter from somebody that couldn't stay. Do I read it
to you?
CHAIRMAN DAVIS: You can give it to the county attorney and we
will all read it.
MS. BAKER: Okay, that would be fine. Our concern is probably
not only the density, but this access road that is to come out onto
Bluebill. As you perhaps know, they are going to four-lane Illth
Street, three or four-lane it, and that is mandated, and that will be
happening within two years, as I understand it.
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January 15, 1998
That will feed into Bluebill, and Bluebill is a two-lane road and
will probably always be a two-lane road because there is a two-lane
bridge. This is a problem.
We are built-out. We have approximately 40 condominiums or.
Vanderbilt 2each. Vanderbilt Beach is two miles long. That
translates into somewheres between 3500 and 3800 people that are there
in season.
Then we have Delnor-Wiggins Pass. And I don't know if any of you
are beachgoers or ever go there on a hot day, not only, used to be
only Sundays, now it is almost any day during season, because there
are so many tourists here.
We welcome the people going to Delnor-Wiggins, Qnd we are
inundated by traffic on those days, however we have learned ~o live
with it. We are now going to, we understand, probably have a parking
lot on the north side of Bluebill Avenue of approximately 160 cars.
Those will also probably be filled on these days. We have made up our
minds that ''Ie will accept that.
To have an access road from this proposed addition going out
through this proposed parking lot, 550 units -- and I understand it's
to be fairly up-scale -- that should translate to something like 1100
people and possibly llOO more cars coming out onto there. And the
days that people will come out will certainly be the sunny days. We
will then be inundated.
We ask that there be only one access road and that be on
Vanderbilt Drive. Vanderbilt Drive, as you know, is to be, sometime
in the very foreseeable future, four-laned, and that is a major road
and will accept this traffic.
Thank you.
-CHAIRMAN DAVIS: Thank you. Mr. Kant, if you could maybe comment
on the access point while the next speaker is coming up.
MR. KANT: Edward Kant, Transportation Services.
Several statements that the previous speaker made require that
they be addressed. One, it is true that the there are improvements to
111th Avenue within the Five Year Plan. I can't immediately speak to
the exact timing of them.
The issue of four laning or three or two-lane boulevarding. or
~hat have you, I don't know whether that's been set yet or ~ot.
r do not believe that there is any plan to fou=-lane Vanderbilt
within the immediate Five Year Plan. It is in the Long Range Plan,
however.
One of the things that is interesting about this project, aside
from the fact that the original plat had an access point onto Bluebill
Avenue, this is about the second or third time I've seen a site plan
similar to this. It's corne in several times under several different
proposed ownerships in the last year to 18 months.
And from a transportation point of view, we don't have a problem.
As a matter of fact, we would prefer to see more than a single access
point to property of this size. And you've heard us in prior rezoning
issues come up and make that point.
r had a meeting with another engineer -- I don't remember
Page : 3
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January 15, 1998
this is what we were talking about. wasn't it, yesterday?
A. Yes.
MR. KANT: And something interesting, the most recent site plan
that I've seen indicates that there would be a sales center type of a
location on Vanderbilt at the point at which this access road reaches
Vanderbilt.
And in looking at it, one of the suggestions that I made -- and :
believe that it's not an untenable suggestion, although I haven't
discussed it in terms of the final site plan with the developer, but
this is an issue that would come up during site planning -- would be
that the Vanderbilt Drive access point would most li~:ely be the major
access point. If that's where they are locating their sales center if
that's where they are planning to start their buildings, it aives them
access to all of their product type.
And we would foresee is the Bluebill Avenue access being more of
a secondary access, more of a residents access. For example, if
someone has a UPS delivery or your mother-in-law is coming to visit
you, obviously, that has to come in in a gated or private community.
That has to come in through some type of a security feature.
And I don't see the development, at least none that I'm familiar
with here in Collier County, aside from perhaps something like the
Pelican Marsh development. where they would have more than one ~ajor
access point that would be gated or manned, if you will -- correctly
to say .personed".
But the issue here is that our recommendation ultimately,
regardless of the final densities or what have you from a
transportation point of view, would be to have that main access come
off of Vanderbilt with some kind of a card or gated access off
Bluebill as a resident's convenience, both, either from going in or
coming out.
So we don't -- we are not real sure that we would support a
single access for a development of this size in this type of a
locat:on. I think we're real fortunate in looking at something like
this, ~hat we're not seeing a commercial component. For whatever
that's wo~.th. That, in itself, is going to change the character of
the t:-affic.
CHAIRMAN DAVIS: Thank you.
MR. KANT: I don't know if that fully addresses some of the
issues that have been brought up, but they may come up again, and I
think it's important that you recognize we have been looking at this
from that point of view.
CHAIRMAN DAVIS: And I think, Mr. Kant, your comment that the
prima~J entrance being on Vanderbilt and the other being on Bluebill
being a secondary entrance, makes a whole lot of sense.
MR. KANT: As I said, that's at this point an editorial comment
because we haven't gotten into the site planning, we haven't discussed
that with the petitioner. But I think that again, looking at the site
plan and based on my experience with these types of developments, it
appears that that may be what they're planning. We don't know. And
at the zoning stage, that's a little premature.
Page 54
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16Gl
January 15, 1998
CHAIRMAN DAVIS: Sure. Of course. Yes, sir?
MR. TREBILCOCK: Good morning. For the record. my name is Norman
Trebilcock. I'm a transportation engineer with Wilson, Miller, and
I'm speaking on behalf of the Vanderbilt Beach and Bay Association.
I'm going to cover basically some transportation issues.
Normally, I'm real supportive of these, the more accesses that Mr.
Kant has spoken to. But there are some differences in this case that
make it a little unique.
For one thing, it isn't a commercial development; it is
residential in nature. And when you look at the road intersections,
Vanderbilt Drive is in the Financially Feasible Plan to be a four-lane
roadway, and Bluebill Avenue west of Vanderbilt Drive is to be a
two-lane roadway in the future. It's going to remain as such.
That being the case, it would make a lot of sense to me, from a
traffic standpoint, that Vanderbilt Drive is going to better be able
to handle any traffic increases, versus lllth. And in addition with
that parking developed on the south side, too, Vanderbilt Drive will
better accommodate in the future, additional traffic.
So from that standpoint, it would seem to make a lot of sense to
have a singular access from that point of view.
Being the case that two access points are developed, I would
concur with Mr. Kant that in the event the two access points are
developed, that there is some stipulation that the Bluebill Avenue
access point shall be developed as a minor access point, primarily for
residential and not commercial or delivery access. Very much similar
to the Caloosa Bay Development, where their main access is on
Goodlette-Frank and they have a minor access on Orange Blossom, and
their minor access is an unmanned gated entry. So any deliveries or
co~rcial access would then use Goodlette-Frank to get into their
site where their manned gate is.
This site plan given as it is, you know, you could develop a
major cut through access, and what you then create, as you do get
congestion on the two-lane road, you start creating cut-through
traffic through the residential area and create potential problems for
the development, but also you create congestion at two little
intersections, also.
So the other point is, if the Bluebill Avenue access is
developed, there should be a stipulation that it's coordinated with
the proposed county parking area along Bluebill Avenue, that may
require a joint access. Because you have a park project that's being
developed and the existing plan shows the parking on the south side of
Bluebill Avenue with two access points. There's been a proposal for
a parking area on the north side of Bluebill Avenue with similar
access points.
But if these aren't coordinated together what we're going to
create is a series of intersections with some traffic problems
associated with them. So we feel that those stipulations are real
important in approval of the plan.
CHAIRMAN DAVIS: Thank you.
MR. KANT: We take no exception.
Pagl! 55
n_
1661
January 15, 1998
MR. COX: My name's Don Cox, and I live in Vanderbilt Towers,
III, and I feel that this is a very unique situation. I think the
approach that the developer is taking is very good. However, any
stipulation or anything that we can do to alleviate and make the
traffic better, if it would be included, would be very welcome.
When we say we have a traffic problem, w~at we have is this in
season. We get to this point here, the traffic is backed up to the
park, over the bridge into the park, and we literally cannot get to
our homes. And we may be talking about 10, 15 or 20 minutes until we
get there.
Also, if we had a fire or other problems, you cannot get by.
Now, these folks, who sound like fairly responsible developers to
me, if they put this in here -- and I understand that it's only part
of the thing -- but it is going to complicate this matter
terrifically.
And whatever can be done to make this better for the people who
are here -- and as Jenny said, there are very, very many of us --
would be much appreciated. It is murder.
Thank you.
CHAIRMAN DAVIS: Thank you, sir.
MR. PIRRO: Good morning, commissioners. My name is Ammon Pirro,
and I live at Vanderbilt Landings, and I've been sworn in. P-i-r-r-o.
The only objection that I've heard concerning the proposed
roadway for the Wiggins Pass Landings development was dismay and
outright disgust by many people that I talked to.
It seems like our neighborhood, during the six months of the high
season with its several thousand people living and moving about, are
aware of the heavy traffic that now exists on a narrow road like
Bluebill.
People in our area oppose the idea of a roadway connecting this
new development to Bluebill Avenue, for the obvious rea.sons given by
most of the people speaking in front of me.
Cornm:.ssioners, as you know, the county is in dire :1eed of beach
parking. There'S been a lot of conversation, a lot of things written
about how this was ignored for many years. Here, we have an
opportunity for the county to put in more beach parking that is dire
need by the people, citizens of our county.
According to the Master Plan that we see here ~o my left, they
label that as, the channel as manmade. Most of the people that I talk
to who've lived here for many years say that is a natural waterway.
The only manmade part of it, is the seawall on the west side of the
channel.
I have always believed that the water was controlled by ~he
state, the submerged land was controlled by the state, and no one
could actually own it. Now I'm not a lawyer, so I don't know the
technical aspects of the law concerning that.
However, I had one occasion where I have a dock, and because I
did not own the upland rights, I could not acquire a lease for the
dock. I had to work with the people who owned the land just above the
dock area, in order to sublease through them, in order to get my dock
Page 56
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January 15, 1998
into position.
I was told at the time that all this land, submerged land, is
controlled by the Division of Natural Resources, the State Division of
Natural Resources. So if this land here then belongs to the state, !
can't see it being used as part of the square footage you utilize to
determine the density of buildings being constructed in the new
development.
We are concerned citizens trying to do our civic service before
harm is done to our neighborhood and to its environment. We strongly
recommend that the commission reject the rezone request for these
reasons.
Thank you very much.
CHAIRMAN DAVIS: Thank you. Yes, ma'am?
MS. MOORE: I'd like to be sworn in.
CHAIRMAN DAVIS: If you would raise your right hand, the court
reporter will swear you in.
(The speaker was sworn.)
MS. MOORE: My name is Dean Moore. My husband and I live at
North Shore Lake Villas on Vanderbilt Drive directly across from the
proposed project.
We've heard a lot of comments about the traffic on Bluebill.
However, I would like everyone to know that we do have a lot of
traffic problems there on Vanderbilt Drive, also. I have seen --
there is a four-way stop sign there at 111th-Bluebill-Vanderbilt Drive
-- and I have seen the traffic lined up this time of year back to our
area. And that is quite a way from that stop light or stop sign:
four-way stop sign.
The proposed entryway would come out on Vanderbilt Drive there
between Roma Court and the entrance to our area, North Shore Lake
Villas. If you want to make a left-hand turn, a lot of days you have
to wait for quite some time before being able to get out onto
Vanderbilt Drive.
It's just incomprehensible to me that Vanderbilt Drive could be
left as a two-lane road, and then put a project of this size there,
funneling all of that traffic out onto there.
And I really think that there needs to be some sort of traffic
study or something done, and maybe some road improvements before, you
know, a project of this size is considered.
I have no objections to the development or to a nice something,
whatever, going in there. But I do like to leave my area occasionally
and I would like that taken into consideration.
Thank you.
CHAIRMAN DAVIS: Thank you. Additional speakers?
MR. HARLAN: My name is Dean Harlan, and I've been sworn in. I
live in a condo on Carroll-Baker Point. There are 10 condos on that
point, about 600 and 30 some plus units on that point. There is one
entrance and one exit that all of us use to get into that area,
Carroll-baker Point.
It seems to me reasonable that we can consider one exit for 53l
units and the exit could be on Vanderbilt Drive. There is an example
Page 57
January 15. 1998
of what it takes to get in and out of there by taking a look at our
own Carroll-Baker Point.
Rather than be redundant. traffic seems to be the total issue
here. Nobody is really greatly complaining about the size of the
units. the density units.
Please, if you are coming to our area, do not come there on a
sunny day when you want to go into Wiggins park. You will not be able
to come down Bluebill Avenue in the traffic that is blocked in faster
than 15 to a half an hour. That's how crowded it is during what the
park says is about 30 days. when the park is closed, and they have to
reroute people all around that area. And the traffic still stops
there at Bluebill and Gulf because people want to get into the park.
in case there's a vacancy.
Thank you.
CHAlro~ DAVIS: Thank you. Additional speakers?
All right. I think if you could come back up as the petitioner's
representative. ! think someone had a question for you, I believe.
MR. BRUET: ! have a quick one. Your little loop road there.
will that be gated or will each parcel be gated?
MS. BISHOP: No. We'll have an overall gated community to the
project. each parcel internal. They may put some internal. but it's
kind of redundant to a gated community.
MR. BRUET: So. the cut-through issue that they brought up. is
really not an issue --
MS. BISHOP: No.
MR. BRUET: -- you will not be able to cut through?
MS. BISHOP: No. sir, you will not be able to cut through. And
furthermore, we are very aware of the issues of traffic in this area
and,' you know, we are currently working with the county Parks
Department with that design of the parking lot on that roadway, to
make sure that our access and that parking lot are congruent to each
other.
We have no problem with it being a secondary entrance. and :hat.
Frankly I think that the homeowners that live there are going to make
that choice on their own, for the same reasons that people have
discussed. Why would they choose to go that way if there is a problem
getting out? They would, in fact. go to the access which woulj be
more accessible to them.
I see this problem of traffic on almost every two-lane road this
time of year. I had the misfortune of picking Logan Boulevard to
avoid a traffic problem at Airport and Pine Ridge, and it took me 20
minutes to go a thousand feet. It was school traffic, but still.
So I see this over and over. The things that we're trying to do
is work well with our neighbors. We want to be a good neighbor. So
we are in process of making their issues a part of our plan for the
future.
CHAIRMAN DAVIS: Thank you.
MR. MULHERE: Mr. Chairman. I just wanted to add. in speaking
with Mr. Kant. when the improvements are completed along Vanderbilt.
as I suspected, and maybe Mr. Kant. if I misspeak, you can correct me,
Page 58
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January 15, 1998
the Bluebill will have to match Vanderbilt and will likely -- that
will occur likely -- will we make some improvements going down
Bluebill Avenue when that occurs?
MR. KANT: I believe you're referring to 1llth, as opposed to
Vanderbilt.
MR. MULHERE: That's correct, 111th. Ves, thank you.
MR. KANT: That's the only thing you misspoke to.
MR. MULHERE: Ves.
MR. KANT: Yes, what Mr. Mulhere is saying in principle is
correct. That any improvements that will be made to 111th, again,
regardless of what that final section might look like, we would carry
that through the intersection to the west. And assumi.ng that it is
somewhat better than a two-lane road, although there is a question as
to whether that should be three lanes or four lanes, or whether it
should have a median, or what have you, that would be car~ied through
the intersection.
, It would take, depending on the eastbound left turn and ~ight
turn queues ~hat is that coming from the park heading east, in my
opinion would take several hundred feet to accommodate that.
Then there's the issue of getting back down to the two-lane
section before the bridge. The reason I'm emphasizing before the
bridge, is because there is no proposal that I'm aware of, neither
presently or in the Long Range Plan, for Bluebill to be anything other
than a two-lane roadway. So that will take another couple hundred
feet.
So we're looking at somewhere between six, seven, eight hundred
feet from the intersection to back where the two-lane section is. And
I think that that will probably account for or encompass the area
where their access point comes down to.
As I said, in my discussions, I had a brief discussion with Mr.
Trebilcock, and we looked at where would that be. From the parking
point of view, it's very flexible. From the developer's point of
view. obviously, he's got some environmental issues and some land
planning issues, so he may not be quite as flexible.
But we found again, in working with the developmen~ community,
there's allNays a little bit of wiggle room there, to try to get stuff
to line up so that it works. The issue again being people are not
going to either patronize or buy into something that doesn't work.
MR. MULHERE: Just that that would afford some improvement to
that area, that maybe wasn't anticipated or wasn't discussed.
CHAIRMAN DAVIS: Very good point. And the developer's
r~presentative, as I understand it, made the commitment on the record
that working with the county parks and parking facility is certainly
do-able, and that that entrance is going to be a secondary entrance.
I think it just makes good sense that your major entrance is on the
other street.
All right. Any additional questions?
I'll close the public hearing.
MR. PRIDDY: I would move that we recommend for approval petition
PUD-97-18.
Page S9
16Gl'~ ·
January 15, 1998
MR. BRUET: Second.
CHAIRMAN DAVIS: That's with the staff recommendation of 531
units?
MR. PRIDDY: With that staff recommendation of 531 units and ~he
CHAIRMAN DAVIS: 125 feet above mean flood elevation?
MR. PRIDDY: -- with the. yes, 125 feet.
CHAIRMAN DAVIS: On parcels R-1 through R-S.
MR. PRIDDY: And the lower on R-6.
MR. BRUET: Still a second.
CHAIRMAN DAVIS: Motion by Mr. Priddy, seconded
MR. PRIDDY: And that the second entrance be a secondary
entrance.
CHAIRMAN DAVIS: Motion by Mr. Priddy, seconded by Mr. Bru~t,
with those stipulations.
Discussion?
All thosp. in f~vor signify by saying aye.
Opposed?
(No response.)
CHAIRMAN DAVIS: That carries unanimously. And with that, __
MR. PRIDDY: I have one question for Bob. Bob, where are we in
getting our ninth planning commissioner?
MR. MULHERE: I have on my desk several -- I'm not sure how many;
I think two or three -- letters of request to be appointed. And I
need to prepare a response for Ms. Filson. which I'll do probably
before Monday.
Although traditionally, the planning commission does make a
recommendation, and I don't even forward those to you.
-MR. PRIDDY: I'll find out the real answer at lunch in a few
months.
CHAIRMAN DAVIS: And with that, we are adjourned.
*****
There ~eing no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:32 p.m.
COLLIER COUNTY PLANNING COMMISSION
MICHAEL A. DAVIS, Chairman
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COm{T REPORTING BY: Kaye
Gray, RPR
Page 60
Sylvia Difolco
From: Karen Bishop [karenbishop@pmsnaples.com]
Sent: Tuesday, April 08, 2008 8:13 AM
To: Richard Yovanovich
Subject: FW: EAC Minutes 12/3/97 (Petition PUD-97-18) Dunes
Attachments: Documents 02_03_1998 R.tif
4/8/2008
Page 1 of 1
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MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE:
December 3. 1997
PLACE:
3MU Floor fJoardroom. Administration Building. Collier County Government
Center. Naples, Florida
APPROV At OF MINUTES:
ITEM: V.A
PETlTlOl'l NO:
STAFF PRESENT
Excused Absence
K
X
X
K
K
Excused Absence
Chrzanowski K
Lenberger X
TIME:
9:00 a.m.
Stephen Lenberger. Environmental Specialist [(
CALLED TO ORDER AT: 9:04 a.m.
EAB
Dejong
Espinar
Foley
Hennanson
Hill
Hinchcli ff
Saadeh
MINUTES BY:
ADJOURNED AT:
9:43 a.m.
PRESIDI!,\(~.:... Paul Hinchcliff. Chainnan
ADDENDA TO THE AGF.NDA:
Motion made by Mr. Foley, seconded by Mr. Esoinar and carried 5/0. to approve minutes of
November 5 , 1997.
Site Development Plan No. SDP-97-123
Naples Memorial Gardens
'I
I I!
WITHDRAWN
IW_ _ _ kn__
lbG 1~
Environmental Advisory Board Minutcs.......................................December 3, J997
Page 2
ITEM: V.B
PETITION NO:
Planned Unit Development Petition No. PUD-97-16
Naples Forest Country Club
WITHDRA WN
ITEM: V.C
PETITION NO:
Planned Unit Development Petition :-.io. PUD-97-18
Wiggins Pass Landings PUD
REQUESTING:
Wiggins Pass Landings is an 88.55 acre multi-family residential project
with recreational facilities. board walks I wharf, stOrTmvater management
rctention system and preserve area.
REPRESENTED BY:
Todd Turrell, Turrell & Associates. Inc.
Karcn Bishop, PMS. Inc. of Naples
MOTION: Matic by Mr. Hermanson, seconded by Mr. Folev and carried 4/1, to approve
Planned Unit Development Petition No. PUD-97-IS added stipulation:
\Vatl'r Mana2emcnt:
I. Applicant will need to obtain a Surface Water ytanagement Pennit from thc
SFWMD prior to site development plan approval.
Environmental:
I. Labe:lthe mangrove and wetland areas as prcserve areas on the PUD mastcr plan.
2. Amend Section 2.12 of the PUD document to rcad as follows by adding the
underlined language and deleting the S:lrue1: tRrewgR laAgwage.
PurS:WQAt te ~e€tjoR e.1 Q..'\. of this: PUD. Twentv Five Percent (25%) of the viable
naturally functioning native vegetation on site shall be preserved.
'v; _
l~
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Environmental Advisory Board .\tinutcs.......................................Dccemher J. 1997
Page 3
3. Amend Section 4.3 (D) of the peD document to read as follows by adding the
underlined lant:ua~e and deleting the ~tl1:lck tRrou;;h laA::;wa;;oe.
Drainage. water management structures. and utilitics. wlililanaA faeilities. subject
to all needcd perm its.
4. Amend Section 4,-l 'A) of the Pt:D documcnt to read as follows by adding the
underlined I;ml!uas;e and delctlng the !'>IIl:lEk IArAlI~R IQA~tJa~e.
Principal structures shall be setback :1 minimum of ten feet (10') from
Recreational. and Open Space SRI:! PreStf"e DistnE'1 boundaries and private roads.
and tcn feet (10') from all PLD boundanes and residential tracts. Principal
structures shall bc sClback a minimum of t\\'entv-five (251 feet from Prcserve
District boundaries.
"'1
I
5. Replacc Section 5.10 (8) 0 f the PUD document \vith the foHowing stipulation.
All conscryation areas shall be designated as conservation/preservation tracts or
casemcnts on all construction plans and shall bc rccorded on the plat with
protecti\'e covenants per or similar to Scction 704.06 of the Florida Statutes.
Buffers and setbacks shall be in accordance with 3.2.8.4.7.3 CCLDC.
6. Amend Section 5.10 (C) of the PUD documcnt to rcad as follows by adding the
underlined lanl!uage and deleting the struol: Ihrol:l!;;A laRgHage.
Buffers around preserved jurisdictional wetlands shall be in accordance with the
State of Florida Environmental Resource Pennit Rules. Preserved jurisdictional
wetlands and surrounding buffers shall be incorporated in Conservation Arcas
which shall be platted. Seteaelcs .,,;ill Be as af'~rsved A)' De~artA'ieAI sf
eFl'/ironmel'llal PrsteetisA aAe Ret J'ler SeetisA J.2,g,~.7.3 af Ihe Callier CauAt)'
~De...eI8flmeAt Code.
7. Add the following stipulations to the PUD document.
in the event the project docs not require platting. all conservmion areas shall be
recorded as conservation/preservation tracts or casements dedicatcd 10 an
:lpproved entity or to Collier County with no rcsponsibility for maintenance and
subject to the uses and limitations similar to or as per Florida Statutes Section
704.06.
~ I'
"
lbG 1
Environmental Advisory Board Minutes.......................................December 3. 1997
Page 4
A Gopher Tortoise survey and relocationlmanagement plan shall be submitted to
Current Planning environmental staff for review and approval prior to final site
plan/construction plan approval. ^ copy of the relocation/management plan shall
he included on the final site plans/construction plans.
Minor variations in the development plan as it affects \vetland areas will
he pennittcd to allow for preservation of additional xcric scrub upland habitat,
suhjectto environmental rennitting agency approval.
.......
COM;\lE~TS: For a complete record oflhe proceedings rcader is directcd 10 the tape
recording of this meeting, located in the Office of the Clerk to the Board, 5,h Floor, Building
"F", Collicr County, Government Complex.
There being no further business. the meeting was adjourned by order oCthe Chair.
Environmental Advisory Board
Paul Hinchcliff. Chainnan
'hn h' EAil Forms
.'
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,
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8 B t 1~', j
November 14, 2000
I'NC. OF NAPLES REPRESENTING VANDERBILT PARTNERS II,
LTD., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED
UNIT DEVELOPMENT AND "RMF.12 ST (3)" AND "R~O
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
PUD FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF
BLUEBILL AVENUE AND VANDERBILT DRIVE. ADOPTED WITH
STIPULATIONS
CHAIRMAN CARTER: Okay. That moves us to item __
MR. OLLIFF: 12.B.3. Mr. Nino?
CHAIRMAN CARTER: And we need to have everybody
participating stand and be sworn.
(The witnesses were sworn.)
MR. NINO: Ron Nino, for the record.
The PUD that's before you ..
COMMISSIONER MAC'KIE: Okay. Mr. Nino, for disclosure.
Well, I've had several general discussions over a period of
months with the petitioner's representative, nothing in quite a
long time, and I'm not very current on the project, but I do need
to make that disclosure.
CHAIRMAN CARTER: Commissioner Berry?
COMMISSIONER BERRY: I believe I have had contact with
the petitioner's representative at some time, not anything recent
that I can recall.
COMMISSIONER BRANDT: I've had, I've had no contact with
the petitioner; however, I do - I have received some e-mails and
letters.
COMMISSIONER MAC'KIE: And I should add that to my
disclosure.
COMMISSIONER BERRY: As I should. This would be from
opponents of this particular ..
MR. NINO: Yes, correct.
CHAIRMAN CARTER: I have had a lot of contact from this
project, with the petitioner, with the petitioner's representatives,
we had a meeting in North Naples. It was a public meeting
where the representatives of staff were present, where I was
present, and also the representatives of the homeowners groups
heard as a panel and listened to the presentation on the part of
the developer not only for the Dunes but the overall plan for the
North Naples area, and had a chance to query him on not only
Page 180
,,:
88
November 14,2000
the Dunes but other activities.
Out of that we have also formed -- there's been formed a
corridor study committee involving a number of people that are
to look at Vanderbilt Drive for future traffic considerations. They
are participating with the developer on this process.
That's been the good news out of all those, that if anyone
has not had an opportunity to hear about this, I don't know where
they were; because we had really tried to communicate through
newsletters to the various associations, and everyone exactly
what's taking place in the whole area as it regards to this project
and other possible developments that are going to take place.
I have received e-mails, I have received letters, I have
received phone calls both pro and con on this. I may have met
the representatives at the Chamber of Commerce, the Rotary
Club, President's Forum, EDC, and in the grocery store, I don't
know; but I'm going to tell you, I've probably seen them
everywhere.
You may present.
Mr. Nino?
MR. NINO: Thank you.
Let me begin by advising you of some changes that have
occurred for this petition since we conveyed our executive
summary agenda to you.
One, and perhaps the most important change, is that the
number of units that this developer proposes is no longer 704,
but it has been reduced to 640.
COMMISSIONER MAC'KIE: Six-o-four?
MR. NINO: Six-forty.
COMMISSIONER MAC'KIE: Six-four-o.
MR. NINO: So we're now dealing with a difference of 109
units over and above what this petition currently enjoys and
which is vested. I mean, the 531 units that they're now allowed
is really not on the table. It's vested units, and we're really
talking about 109 additional units on 100 acres of additional land
that is being added.
And I want to bring to your attention some changes to page
3.3 and 4.1 of the PUD document dealing with development
standards.
COMMISSIONER MAC'KIE: As you come back to the
microphone, can I just ask Commissioner Carter, is this all - all
Page 181
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November 14, 2000
88
...
of this is a community consensus? I mean, is all of this a
package that has been worked out with the community, or is
there still a lot of controversy around this project?
CHAIRMAN CARTER: I think you need to hear both from the
staff and you need to hear from the petitioners. Is everybody in
concert on this? No. Are many of the people in concert on this?
Yes.
Some of the issues that are being raised in terms of traffic,
if we never put another unit up here because traffic issues would
still be there, that's why the corridor study is going on.
In fact, I have requested Norman Feder to come back to this
Board with a proposal on that. He's working with this group to
try to bring that to us to develop with those Issues.
So there are issues here that, regardless of whether this
project was here or not, there would still be people raising issues
about anything that happens in the area.
So I think you need to hear from, from, from staff, and you
need to hear from the petitioner, and I'm going to tell you ,the
basis on which I will reach this decision, is it environmentally
sensitive, does it address liveability, is it economically feasible?
Three-legged stool to me, and that's the basis on which I'll reach
my decision.
MR. NINO: What additional information is being handed out
to you is, since, again, since we conveyed our exeGUtive
summary to you which had at that time all of the letters of
objection included in your agenda package, we received a couple
of more letters of objection. You're receiving those.
You received a particular letter that challenged the ability of
the petitioner to use submerged lands, and you have in your
packet I just handed out to you a letter from an attorney
representing the applicant that I think pretty clearly
acknowledges that indeed these people do own the submerged
land; they have legal title to it; it's recognized by the property
appraiser's office, and, of course, therefore our system of dealing
with determination of density being as it's based on gross
density, they're entitled to use the entirety of their lands
including the submerged lands.
However, with the reduction in the number of units, that
question really becomes academic, because they will likewise be
entitled to 109 units if they only use 33 acres of the 100 acres,
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so that issue has really gone away; it's rather academic.
The key issue on the, on the -- the key issue here is the
desire to increase building heights on four buildings, from 12
stories to 15 stories.
I would have you appreciate that in the original approval,
there was a -- there is a tract R-3 here which was approved for
four-story condominiums. In this revised PUD, that building
height will be reduced to two stories, and I think staff would
suggest to you that the offset there is well worth the additional
height.
COMMISSIONER BERRY: Ron, where do they want to put the
15 stories?
MR. NINO: The 15 stories will be on tract R-1; this is the
tall-story tract.
COMMISSIONER BERRY: And what -- that borders Vanderbilt
Drive?
MR. NINO: That borders Vanderbilt Drive, and it's
surrounded by, by the most part, for preserves - by preserves.
The closest housing area would be in Vanderbilt, villas here
here and North Shore Lakes. That is about the line of the
is-story buildings. The closest building, given our setback
requirement in the PUD, will be 6 -- about 600 feet from a
single-family residence and thereafter will increase as those
condos go further west of Vanderbilt Drive.
COMMISSIONER BRANDT: While you're there, where are the
three 12-story buildings?
MR. NINO: In about that area there.
COMMISSIONER BRANDT: Okay.
CHAIRMAN CARTER: Ron, is there any - there's not
anything on the proposed height-change buildings. Is there
anything directly across from them on Vanderbilt, or is that all -
oh, that's the cemetery and golf course; isn't it?
MR. NINO: The cemetery and golf course is across -- no, the
cemetery, no golf course.
COMMISSIONER BERRY: The cemetery is.
MR. NINO: The cemetery is across from the low-rise
section.
CHAIRMAN CARTER: Okay. We didn't get any objections
there.
MR. NINO: No.
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November 14, 2000
CHAIRMAN CARTER: So-
CHAIRMAN CARTER: All right. So it's just late in the day.
We've got to have a little -- lighten up a little bit.
Okay.
COMMISSIONER MAC'KIE: We almost didn't get it; we're too
tired.
CHAI-RMAN CARTER: Yeah, I know.
Okay. So we don't have anything that's affected directly
north of it either.
MR. NINO: That is correct.
COMMISSIONER BERRY: Right.
CHAIRMAN CARTER: Do we have anything that's affected
directly west of it?
MR. NINO: That is correct, although we have had objections
from people who live on - in the -- on the --
UNIDENTIFIED SPEAKER: On the barrier island.
MR. NINO: I think we've had, we've had objections from,
from people representing condominiums in the Vanderbilt Surf
Colony. Actually, most of the objections come from Naples
Park, surprisingly. There are very few objections that actually
come - I believe there's only one or two that come out of the two
'" PU Ds that are most affected by this. Most of the letters of
objection that you have in your packet really come from Naples
Park.
COMMISSIONER BERRY: That's correct.
MR. NINO: With respect to consistency issues, we're
dealing with consistency based on the 109 additional units. The
109 additional units does not breach any threshold in the
comprehensive plan that would justify an inconsistency
conclusion, and that deals with all of the elements that this -
that is -- that are applicable to this proposal.
The EAC -- this is a terribly environmentally sensitive piece
of land -- the EAC unanimously endorsed it; the CCPC
unanimously endorsed it, and we recommend approval to you.
CHAIRMAN CARTER: Mr. Nino, and I think the reason the
EAC did endorse this is because they're setting aside 99 plus or
minus, acres to the north which is water, Turkey Bay, and all of
those environmentally sensitive wetlands, and that is set aside in
perpetuity; is that correct?
MR. NINO: Over 77 percent of this land remains in open
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88
space irrespective of the open space that's created with these
projects, and I suggest to you that when that is factored in,
probably 85 percent of the land in this area is in some form of
open space.
COMMISSIONER BRANDT: I have a question.
CHAIRMAN CARTER: Good. Commissioner Brandt.
COMMISSIONER BRANDT: This, this is a question that will
not have any bearing on my voting on this particular project, but I
need to have an understanding - and it's one that I talked with
you about, Mr. Olliff, the other day, and it has a, for me, a thought
process that I will have to come to grips with in the future
somewhere probably.
The staff is of the opinion that to allow the four remaining
planned high-rise residential structures to exceed the current
12-story limitation, has no basis for denial based solely on the
perception that higher buildings negatively impact a property.
I need to have a better understanding of that. Can you help
me?
COMMISSIONER MAC'KIE: I didn't understand the question.
CHAIRMAN CARTER: Well, the question -- and perhaps -- and
I'll try; if I'm wrong, Commissioner Brandt, tell me.
COMMISSIONER BRANDT: Uh-huh, uh-huh.
CHAIRMAN CARTER: There is a perception that higher
buildings negatively impact a piece of property.
COMMISSIONER MAC'KIE: The adjacent properties or
something?
CHAIRMAN CARTER: Adjacent properties -- this is a blanket
statement.
COMMISSIONER BRANDT: I don't know.
COMMISSIONER MAC'KIE: It's kind of hard looking at Park
Shore Beach to --
MR. NINO: The staff, the staff report did go to some extent
to address this issue, Commissioner.
MR. NINO: I could tell you that in the literature of urban
design, there is nothing that says higher Is "badder."
COMMISSIONER BRANDT: And developers like it higher
because they get more for the higher.
MR. NINO: Well, they might get more, but we -- appreciate,
we're not talking about density here.
COMMISSIONER BRANDT: I understand.
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November 14, 2000
MR. NINO: The fact that you go up, you're not necessarily
getting -
COMMISSIONER BRANDT: I understand.
MR. NINO: -- a project that is more dense.
The issue becomes one of compatibility, and compatibility is
in the eye of the beholder --
COMMISSIONER BRANDT: Uh-huh, uh-huh.
MR. NINO: -- to a large extent. But If you take compatibility
based on its technical merits, it is not a compatibility measure,
because it's residential next to residential; and in the legal
context of compatibility, you're really talking about a house next
to the glue factory, to use the extreme example.
However, even If you did want to stretch that, compatibility
would obviously become a measure of how close low.rise
buildings are to high-rise buildings.
COMMISSIONER BRANDT: Mr. Olliff, in my discussion with
him the other day, very clearly pointed out that some of the very
high-rise buildings that we have in this County and within the
City of Naples, have long setbacks -.
COMMISSIONER MAC'KIE: Right.
COMMISSIONER BRANDT: So as a result, they don't have
the impact that one might have if it didn't have -the long setback,"
and so I, I, I just wanted to have a little more discussion on that.
MR. NINO: I think we built that into the PUD, the space
between buildings.
If you want to use an example, it's comparable to Pelican
Bay. If you drive through Pelican Bay and you're visually pleased
with that, I can tell you that those same standards are here, so
that we, we - we're confident that the standards take care of
that issue.
However, before I close I did want to bring to your attention,
there are some other things that this petition does for us that are
important.
This petitioner has agreed to convey by easement 15 feet of
additional property along Vanderbilt Drive to make it possible for
us to eventually get a -- acquire a right-of-way of 130 feet. That
15 feet is primarily required for the type of landscaping
improvements that the County would make within its
right-of-way.
In addition, this petitioner is offering to preserve 20 feet of
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November 14, 2000
landscaping in addition to the 15 feet, and that 35 feet of
eventual landscaping in this PUD, they have agreed to assume
total costs of mak~ng that Improvement, Including building the
sidewalk within that right-of-way. And that is, that is beyond
what we normally get out of the PUDs, out of petitioners.
They have also agreed on the record to landscape 15 feet of
the property on the east side of Vanderbilt Drive and to
participate in the Vanderbilt Drive beautification theme that you
have identified.
Those are important considerations.
COMMISSIONER MAC'KIE: They're going to landscape the
cemetery.
COMMISSIONER BRANDT: That's the cemetery.
MR. NINO: Right, right.
COMMISSIONER MAC'KIE: Fifteen feet.
COMMISSIONER BRANDT: But -. that's right. We're going to
have to acquire 15 feet of land by easement before they could do
that.
COMMISSIONER MAC'KIE: Where is Mr. Pickworth? I think
he's their lawyer. And so we should put Ron in charge of trying
to get the parking lot? Because apparently he's able to get the
other stuff that we want. "
MR. OLLIFF: Anything else, Mr. Nino?
MR. NINO: That's it.
MR. OLLIFF: Okay.
MS. BISHOP: For the record, Karen Bishop, I'm agent for the
petitioner.
A couple things I wanted to bring out. One is that
landscaping specifically.
Obviously we want to landscape on County property, so
when that easement has been granted or within the right-of-way
we can do that. We can't actually landscape on somebody else's
land without their permission. Go figure. So that I want to make
clear that we want to do that.
And the intent, of course, just so you guys know, this was
the parks department who kind of had this Idea In their head to
see a unified landscaping plan in this whole area starting with
Bluebill and our side and then Vanderbilt to make this corner a
really nice corner here, so that's what we're really trying to do is
create this signature intersection, this, this connection for the
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neighborhood that says that, you know, this is all a nice, big
landscaped area.
MR. OLLIFF: She doesn't, she doesn't really mean a
Signature intersection --
MS. BISHOP: No, right. Actually, you know, they're calling
Vanderbilt -- they want that a signature roadway, and we kept
thinking, hmm, what does that mean?
COMMISSIONER MAC'KIE: You know, it practically is now.
MS. BISHOP: Literally. Also, I want to make a comment
about the heights.
And when you look at heights on property like this, as a
person who likes to see as much green space as possible, it's a
good thing to go higher so that you can save this ground,
because, you know, to have less -- the heights less and then you
spread out over the ground more, you're not really ending up with
what -- the kind of project you can end up with If you get
everybody working in the same direction.
Our setbacks off the roadway and our setbacks between
buildings should give the neighborhoods what they're looking for,
plus, the amount of landscaping we're putting there, I can't
imagine that at some point when the landscaping is complete
and In place and mature that you're really going to even see
these buildings when It's done, because it is 35 feet wide, that
landscaping buffer, and that would be pretty tremendous, kind of
like how it is on Vanderbilt down by Bay Colony, very full. You
can't really see those buildings along next to that park because
the landscaping is so nice there, and that's only 20 feet.
COMMISSIONER MAC'KIE: And you're going to have 35.
MS. BISHOP: Thirty-five.
COMMISSIONER MAC'KIE: Not 20.
MS. BISHOP: And we're going to meander that sidewalk
through there so that when they come in to do those
improvements to Vanderbilt, they're not trashing the sidewalk, so
that pedestrian pass -- paths will be in place at all times.
COMMISSIONER MAC'KIE: It's more like a linear park than a
landscape buffer.
MS. BISHOP: I think that's the way the County Is going now
with a lot of their roadway sections to try to bring the public
access to be a more enjoyable experience than what happens
when you're on Airport Road when you're on that sidewalk.
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B8'l
COMMISSIONER MAC'KIE: That's not a good thing.
I have a question for the petitioner: On the map up there, all
that green, you own, I assume, what's Inside the white boundary?
MS. BISHOP: Yes, correct.
COMMISSIONER MAC'KIE: And so everything green in there
is going to be preserved forever.
MS. BISHOP: Correct, including, we have a g';acre tour
preserve in the center that we saved in the center of that that's
all scrub, so it connects directly with the wetlands, gives us a
nice wildlife corridor that connects all through there too.
COMMISSIONER MAC'KIE: And who owns to the west of
your property, or do you know? Do they own, own up--
MS. BISHOP: And then the State owns that piece, up.
COMMISSIONER MAC'KIE: Okay. That was my question.
The State owns the remaining mangrove trees?
MS. BISHOP: Correct, on the west side, that line continues
up, splits that canal. The State owns the west side and Ms.
Daugherty owns the east side, and of course we own the 100
acres on our side.
And the waters of Turkey Bay will be in conservation
forever.
Any other questions?
COMMISSIONER MAC'KIE: Uh-uh.
MR. OLLIFF: You have two registered speakers, Mr.
Chairman.
CHAIRMAN CARTER: Go to speakers.
MR. OLLIFF: First is Dick Lydon followed by Camilla
Gleason.
CHAIRMAN CARTER: Good evening, Mr. Lydon.
MR. LYDON: Good evening, Ladies and Gentlemen.
Dick Lydon, this time I'm representing the board of directors
and the members of the Vanderbilt Beach Property Owners
Association representing some 500 families in Vanderbilt Beach
as well as the property owners of north Collier County, which
represents the homeowners associations of most of the County.
So we've got a good bunch of folk that we're talking for today.
'"d like to first of all commend Signature -- and don't have a
heart attack, Don - for a long period of work on this thing to get
it to where it is today.
I was quite concerned after the meeting at the planning
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commission. I saw we were still at 704 instead of 640 and all
those good things.
There are a few things that I think we missed, but let me
start out by telling you that we in that area, the whole area, are
very concerned and asking you-all to do something soon relative
to the roads and the traffic situation.
The developer in this is paying something like a million-three
on this project in impact road fees. Now we'd just as soon that
didn't wind up on Livingston Road, if you don't mind. We'd like to
keep that in Vanderbilt Drive. And let's do that, do it right, and,
for God's sake, do it soon.
Secondarily, we have one serious concern with the PUD as i1
stands. We went this route on the original PUD; we're going to /
go it again. We do not like the fact that boathouses and docks 1/
are included as a part of the PUD. Mr. Nino very eloquently
explained to us that we had to live with that because everybody
has a right to have a dock.
Well, down at the Regatta, which these same people built,
217 units, that's -- they put In 50 docks, and up right here now,
we're looking at 640 units. If you develop that, it's 150 docks.
COMMISSIONER MAC'KIE: Dick, I don't think there's docks
in here.
CHAIRMAN CARTER: They're not asking for it, Dick--
MR. LYDON: Yes, they are. If you will look --
CHAIRMAN CARTER: I guess I need somebody to help me
with that. I don't --
MR. NINO: I didn't see it.
MR. LYDON: Yes. It's in the, It's In the PUD as an accessory
use, and, and my response to the planning commission is the
same question. That entitlement applies to all residential, all
residential property that has frontage on a waterway.
COMMISSIONER MAC'KIE: Well, that's a State of Florida
entitlement. If you have a house with waterfront, you're entitled
to dock your boat. Is that what you're talking about?
MR. LYDON: No. You're, you're entitled, you're entitled to
build a dock consistent with the dock regulations in the Land
Development Code, which says you can't have a dock that
protrudes any more than 20 feet into the waterway on a
waterway of this size.
Now, under -.
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November 14, 2000
COMMISSIONER BRANDT: Where, where will they be on the
waterway?
MR. LYDON: Pardon?
COMMISSIONER BRANDT: Where will they be on the
waterway?
MR. LYDON: They own all of Turkey Bay. They have
considerable frontage.
Now, in the Land Development Code, we also have a
provision that says for every 100 feet of lineal, of lineal
waterway, you're entitled to so many docks within a
multiple.family project, however, still consistent with the
provisions of the Land Development Code in that no dock, no
dock configuration may protrude more than 20 feet into the
waterway.
Now that is an entitlement that every residential property
owner has, and it would seem, it would seem that It would be
unfair to deny to a landowner in a PUD a right that they have
under standard zoning regulations.
CHAIRMAN CARTER: And If I'm correct, Mr. Nino, they
would have to make application to the DEP In order to proceed
with that, and they are not doing that at this time. It is not a part
of what we're discussing today. Even if this wasn't here today,
they still would have had that right under the existing PUD.
MR. NINO: Correct.
COMMISSIONER MAC'KIE: But if we take it away..
MR. LYDON: Mr. Commissioner, may I .. Mr. Chairman, may I
take exception to that?
In the original PUD, there was a boardwalk some 8 feet wide
that ran outside the mangroves. That was advertized as a
boardwalk. You read that, "dock," because you could tie up
along side of it.
The previous PUD, that was taken out of the PUD, and the
petitioner was asked to return to the Board of County
Commissioners, not to the planning commission, but to the Board
of County Commissioners, because here ..
(The timer signified five minutes.)
MR. LYDON: Since I'm here representing two people and
you've already used seven minutes of my five ..
.. so what we would like to ask is the ability .. we
understand that they were entitled to some docks. We'd like to
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see how many, where they are going to be.
And we've had an experience recently at the planning
commission where 20 feet means nothing. They never saw a big
dock down there they didn't like~ --- ----
___ So we're .. u._ just kind'" of'1Nould like to do that.
I have a couple of other quick questions.
In the planning commission meeting, I thought that it was
agreed that that maximum number of high rises would be seven.
I'd like to see that as a part of the record of this particular
meeting.
The other one, the last footprint of the seventh condo, in our
feeling, is too close to Vanderbilt Drive. And I don't know enough
about the engineering and the architecture of it, but we would
love to see that back another couple hundred feet, which would
again take some of the aesthetic factor.
COMMISSIONER MAC'KIE: But you know it's going to have
that 35.foot buffer.
MR. LYDON: Thirty.five.foot buffer plus whatever they have
back to that still does not give you nearly as much buffer, as
much green space, between the road and the other three that
they are planning to build.
COMMISSIONER MAC'KIE: Oh, okay. I see your point.
MR. LYDON: The point being, you know, make It look - and
we can work with them on this. We're not being hardnosed about
any of this.
We feel that .. the preserve factor bothers us a little. They
are going to turn it over to the homeowners.
I was president of a homeowners association one time.
That scares the hell out of me. I wish .. I'm sure glad I'm not
going to get on any boards in that.. and I don't know what the
answer to that is.
Nobody wants a preserve. The State doesn't want it, the
County doesn't want it. But we do know and we do want to be
sure that that is preserved in perpetuity.
CHAIRMAN CARTER: Well, I agree, Dick, and that's my
understanding in my, in my direction here all along, is, that's in
perpetuity.
I see a nodding of heads there.
I don't know who is going to maintain it ..
MR. LYDON: In the PUD, it specifically says, the
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homeowners association will maintain the preserve, so - and
we'd just like to make sure they have enough money to do It.
Again, I'd like to commend Karen for working with us on
this. It's been a long, hard battle.
We don't think that this dock problem is a major one, but we
certainly feel that weld like to have some input on how many,
how big, and where.
CHAIRMAN CARTER: So what you're really asking is, when
that piece comes back, that you have an opportunity to
participate with the petitioner in a discussion of that before it
comes back to the Board of County Commissioners and to the
DEP process.
MR. LYDON: Sir, under the existing rules, it would never
come back to the County commissioners; it would go only to the
planning commission.
COMMISSIONER MAC'KIE: I think he's asking for it to be a
conditional use so that It would have to come back to the county
commission.
MR. LYDON: Right, rather than only to the planning
commission.
Thank you.
Any other questions that I might answer on behalf of the
homeowners, I'd be delighted to.
CHAIRMAN CARTER: I have to take one more public
speaker, and then I can come and ask the petitioner and I can
ask Mr. Nino to clarify.
MR. OLLIFF: The last speaker is Camilla Gleason.
MS. GLEASON: Good evening.
CHAIRMAN CARTER: Good evening.
MS. GLEASON: This is my first Collier County public hearing,
and I've been here since 9:30, and I stayed to speak to you
because I am just playing catch-up with this particular
application. I recently learned of it, and I spoke to Mr. Nino on
the phone about it.
I am a resident at North Shore Lake Villas, and when we
purchased our little house, there was no building across the
street from us, but we were informed that there would be three
high rises and that the buildings along the street on the corner
from Vanderbilt Drive around the corner onto Bluebill would be
three.story low-rises or something of that term.
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CHAIRMAN CARTER: You're correct. Now they're saying
they're going to take that down to, I believe, two, as I
understand.
MS. GLEASON: Right. So that project we were aware of
when we purchased our property.
As the buildings have begun to be constructed, we are
feeling the impacts of the high rises that are farthest away from
us, the 12-story high rises. They're blocking the light; they're
blocking the view. We can live with that, as well.
Now we understand there's going to be four is-story
buildings directly across the street from us that are going to
block our light and view even to a greater extent.
You ask, what is 15 stories? Fifteen stories Is more money,
from what I understand, for the higher residences to the
developer. You get more money for the 12th story unit than you
do for the third-story unit, so I would imagine you would get a
great deal more money for the 15th-story unit.
So it's - that, to me, is the impact of 15 stories. Plus it's
going to take away my sunset, but that's, that's me speaking as
the neighbor.
I just wanted to respond to -
CHAIRMAN CARTER: If this building is stili where It is today,
it probably would have still taken away your sunset in some
respect.
MS. GLEASON: Being 12 stories.
CHAIRMAN CARTER: Being 12 stories.
MS. GLEASON: Well, I have to agree with the gentleman
who spoke before me. I think as far as back from the street as
those high rises can be moved, because everything on the other
side of the street is single-family residences of no more than two
stories, any of them -- in North Shore Lake Villas or the Roma
Court development next to that or the little rentals on the north
side of Roma Court, Vanderbilt Lakes, I think it's called or -
At any rate, if one of the standards for your approval of this
application is to maintain the character of the neighborhood, I
would like you to consider the character of the neighborhood
directly across the street from this project, the height of it, the
layout, the preexistence of it and so forth and so on.
I don't understand what the standards are for approval, but
for the entire community, I think the visual corridor along
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Vanderbilt Drive is extremely important to protect, and you can
do that by taking the buildings as far as possible back from the
street.
And I applaud the applicants for their screening efforts.
I appreciate your time.
CHAIRMAN CARTER: Thank you.
MS. GLEASON: Thank you.
MR. NINO: Chairman, may I speak to certain issues?
One, in case you hadn't noted, the setback that we provided
from Vanderbilt Drive for the nearest building would be 125 feet,
to give you some perspective on the, on the --
CHAIRMAN CARTER: That's on the proposed three
15-stories.
MR. NINO: Correct.
CHAIRMAN CARTER: 125 feet back.
MR. NINO: Correct. Also, with respect to the issue of
docks, I might have you appreciate again, it's interesting that in
its original condition, this property was zoned RMF-12, so it was
zoned for multiple-family housing, historically.
Under our current regulations in the Land Develoment Code,
provision is made for building docks. Under the dock
regulations, they would not have to come to the planning
commission or the board unless they were seeking to build a
dock longer than 20 feet into the waterway.
COMMISSIONER MAC'KIE: What's the aggregate number of
docks that they have?
MR. NINO: Unfortunately, I, I don't have a copy of the Land
Development Code with me, but it's based on the number of
lineal feet of waterway that they have. I believe it's .-
Are you aware of this?
MR. MULHERE: I can't give you an -- sorry. Bob Mulhere, for
the record.
I can't give you an exact number, but I can tell you, in my
experience, it's far less than the number of units they can build.
MR. NINO: Yeah. Oh, yes, definitely.
COMMISSIONER MAC'KIE: So since Mr. Lydon's Interested
in knowing how many docks and how big, we could tell him, no
docks bigger than 20 feet without special approval.
But we can't tell him the maximum number. Give me a
ballpark.
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MS. BISHOP: Karen Bishop.
We truly have not done any plans for this dock facility yet.
I'm going to remind everyone here that I would have to go
back to two environmental agencies that are public-notice
agencies, the Corps and the district, to get these docks
approved, so there is more public notice in place.
I can tell you that we will not build docks in water of Turkey
Bay or anywhere north of there, that our dock facilities will stay
within the canal area of what's already existing of the man-made
canal.
We have agreed to put water of -- waters of Tucker bay into
conservation, which means we will not build anything there, no
docks, no nothing, so right now we have no plan.
I can tell you that the number that we've been discussing is
somewhere in the 60 range. Now, whether or not I can get that
permitted, we haven't even begun that process, so we don't
know.
COMMISSIONER MAC'KIE: How many units will you have?
MS. BISHOP: I think about 640 units.
COMMISSIONER MAC'KIE: So--
MS. BISHOP: We may have - 10 percent of the units would
have docks. "
COMMISSIONER MAC'KIE: I could see Mr. Lydon being
worried if you were going to have hundreds of docks.
MS. BISHOP: And if I was going to go into water of Turkey
Bay.
COMMISSIONER MAC.KIE: That, I would die.
MS. BISHOP: Right, but we are not doing that. We have
agreed to that, we are going to put that under conservation
forever, that no one ever will ever do that.
MR. NINO: Got it - 10 slips for every 100 feet of shoreline.
COMMISSIONER MAC'KIE: And how many feet do they
have?
MS. BISHOP: Oh, a couple miles.
COMMISSIONER MAC'KIE: No, this -. the canal.
MS. BISHOP: Well, actually, it's all your shoreline, so it
starts in the canal and goes around, but we can -- this canal is
probably about - I want to say about half a mile maybe, is it, a
quarter of a mile? One inch equals 120, so It.s about 1200 feet,
2,000, somewhere between 1200 and 2000 feet.
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November 14, 2000
MR. NINO: And we think it's rather academic, because, as
Bob says, we don't think the DEP would ever tolerate that kind of
development.
MS. BISHOP: And you've got to physically fit them in there.
I mean, this Is a math thing too. You can't just throw 100 docks
in there if you canWt actually get a boat in between them.
COMMISSIONER MAC'KIE: And I know how hard it is to get
those permits from the DEP a,nd the Army Corps, so ..
MS. BISHOP: Right, and they're building docks across thel
way, too, at the Landings, so -. we'd be glad to limit ourself to 60 ~
docks if that's what you would like. II
CHAIRMAN CARTER: You have to go through a public ~
hearing process.
MS. BISHOP: Yes, sir.
CHAIRMAN CARTER: And based on your record of working
with the community, in my experience, with this project, I would
have an expectation that you would make sure that they were all
duly notified so they could participate with you, and perhaps
even before you go to a public hearing, you may sit down with
the community leadership that's most affected and discuss with
them what your anticipation is and let them make an input.
MS. BISHOP: Yes, sir, I would anticipate that would be the
direction that we have taken already, that we would do that
again.
Also, all the property owners that would be surrounding this
property would be notified, and based on the networking I've
seen happen in that neighborhood, if one knows, everybody
knows.
So I would imagine that there's no possible way I could do
anything without the neighborhood being aware of that at this
point.
CHAIRMAN CARTER: Well, I guess I would like the principal
just to step to the microphone and make that commitment that
you would do that, and it will be a part of public record so that
there's never any confusion.
MR. GRIFFIN: .Jerry Griffin, Signature Communities.
Yes, we'll do that, and we will limit it, if we ever do get
them, to 60, and we will put covenants that we'll never go into
the Turkey Bay lagoon _.
COMMISSIONER MAC'KIE: That's a good -
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November 14, 2000
MR. GRIFFIN: -. in perpetuity.
COMMISSIONER MAC'KIE: And that's a real positive
trade~off, nothing in Turkey Bay.
MS. BISHOP: Okay. Now, the last thing I wanted to address
is the preserves.
When you permit these preserves at the agencies, there has
to be, even though we as the developer start the permitting
process, there has to be an entity that's going to be there
forever; and theoretically, the homeowners association is one of
those "forever" kind of things. It's obviously dynamic and
changes people, but as a part of condominium law, you have to
put under - in reserves the amount of money necessary to handle
things like maintenance and all those things.
So once you clean these wetlands out -- and they are in
pristine area, they really don't need that much maintenance in
the big scheme. It..s the areas that have been impacted before,
where you've had Australian pines and those kinds of things
where you're revegetating. Those are the areas that really need
more maintenance, because they're not -- they haven't taken root
like some of the other mangrove areas.
So actually as the property .. as those areas become
mature, the amount of maintenance becomes less, mostly on the
fringes of those areas.
COMMISSIONER MAC'KIE: Karen, won't your permits have
perpetual conditions?
MS. BISHOP: Forever.
COMMISSIONER MAC'KIE: And those will be monitored and
enforced by the DEP and the Army Corps?
MS. BISHOP: The Corps of Engineers as well as South
Florida Water Management. So I have no choice. There is no
opportunity to let these things fall by the wayside.
And we would love to give them to some entity that would
love to have them, like a little conservancy group in this area,
we'd love for them to have those, so if you guys know anyone,
call us.
CHAIRMAN CARTER: Motion from the Board.
COMMISSIONER MAC'KIE: Close the public hearing.
CHAIRMAN CARTER: Close the public hearing.
COMMISSIONER MAC'KIE: I'll make a motion to approve
subject to all of the conditions that have been put on the record
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November 14, 2000 8 B
today.
COMMISSIONER BRANDT: I'll second that.
CHAIRMAN CARTER: Seconded by Commissioner Brandt.
All in favor signify by saying aye.
(Unanimous vote of ayes.)
Opposed by the same sign?
Motion carries 4-0.
MR. OLLIFF: Mr. Chairman, just for the record, on all of
these where we keep saying, "all the conditions, II I'm going to
have the staff again prepare memos that list those conditions for
you so that if there's something that you think was included that
wasn't, then you'll have an opportunity to bring that back.
COMMISSIONER BERRY: Thank you.
COMMISSIONER MAC'KIE: And that will happen within the
reconsideration time.
MR. OLLIFF: Yes, ma'am.
COMMISSIONER MAC'KIE: Good.
CHAIRMAN CARTER: All right. This concludes the public
hearings.
COMMISSIONER MAC'KIE: Hey, we let them out of here
without getting a parking lot. Hey!
CHAIRMAN CARTER: I will make this statement now,
because to my knowledge, none of the Board members know
this: They are willing to actively work in this corridor study,
Signature is, and they are .. also will be people who I think would
be willing to participate in the cost of that corridor study.
So I didn't want anybody's vote influenced by some
knowledge that.1 think will take place on that, so I think that's
just another positive thing for a community effort in North
Naples.
And I'm a big advocate of the public and the private working
together to make these things happen.
COMMISSIONER MAC'KIE: And just because our agenda
hasn't been long enough, I'm going to take a second to say, I
think you've done a really wonderful thing up here, Commissioner
Carter, of getting this community together on some terribly
contentious issues, and it's really hard -- I know you havenWt
gotten 100 percent approval.
CHAIRMAN CARTER: No.
COMMISSIONER MAC'KIE: But you've had the guts to get
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November 14, 2000
88
the community together and let them yell at each other if that's
what they needed to do and would work it as far as you could,
and that's just a real positive step.
CHAIRMAN CARTER: Well, thank you, Commissioner. I
appreciate it.
Yes, there has been, and there's been a lot of discussion,
but I will tell you that out of it you've gotten more willingness for
people to stand up and to be counted and to take a position and
work collectively on my three-legged triangle, feasibility,
liveable, and environmentally sensitive.
So if we can keep going In that direction, we're going to be
okay.
All right. Now, we can go back to the Board of County
Commissioners.
Item #10A
RESOLUTION 2000-423 APPOINTING JAMES ROATH TO THE
BLACK AFFAIRS ADVISORY BOARD. ADOPTED
COMMISSIONER MAC'KIE: We've got one application for the
Black Affairs Advisory Board, and I would like to move approval
of .James -. is it Roth?
CHAIRMAN CARTER: I'll second that.
All in favor signify by saying aye.
(Unanimous vote of ayes.)
CHAIRMAN CARTER: Motion approved.
Moving to the next item, which is -.
Item #10B
DISCUSSION REGARDING WHETHER OR NOT THE BCC SHOULD
REVISIT THE COMMITMENT OF TDC FUNDS TO THE WILKINSON
HOUSE PRO.JECT - TDC DOLLARS TO BE WITHDRAWN.
APPROVED
COMMISSIONER MAC'KIE: It's the Wilkinson House, but I'm
hoping that there's nothing to discuss here 'cause of the actions
the city council took recently at the City of Naples. They've
taken title to the property. They're going to be working to see
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November 2, 2000
COMMISSIONER RAUTIO: We have a motion by Mr. Budd
and a second by Mr. Abernathy.
All those in favor?
All those opposed, same sign?
(No response).
COMMISSIONER RAUTIO: Motion carries.
Next item is PUD-97-18(1), the Dunes.
All those wishing to give testimony today, please stand and
raise your right hand and swear before the court reporter.
(The speakers were sworn).
MR. NINO: The Dunes PUD is an existing -. this rezoning
constitutes an existing PUD in part called the Dunes. The
original -- the Dunes as approved is a project that allows 531
dwelling units, so we need to appreciate that those 531 dwelling
units are not on the table for debate. They are vested units.
The amendment would have the effect of adding 100 acres
to the existing 88.5 acre Dunes PUD, consolidating within the
structure of that PUD, and your staff report indicates that that
would have allowed an additional 169 units for a total of 704. I'm
pleased to advise you that since you received your report, the
developer, at our encouragement that we didn't think 704 was
really physically possible for the site, if they'll re-evaluate that,
and they did re-evaluate it and have agreed to reduce that figure
to 640 dwelling units. That, of course, has the effect of reducing
the density by about a half a unit per acre.
The -- I think you-all pretty well know -- you.all know where
the Dunes project is. There's no point in belaboring adjacent
land relationships. Well, I think I should perhaps cover some of
that territory. To the -- of course, you know to the east of the
Dunes is the cemetery. The cemetery takes up about one.half of
the -- well, one-third of the west boundary. Then you have
Northshore Lakes villas, and you have the Vanderbilt villas. The
Vanderbilt villas is a single-family product in here with
multi-family out at the Vanderbilt Drive frontage. The Northshore
Lakes villas is a single-family product development.
The remaining land to the north and across the street from
the expanded Dunes project is the Collier tract 21, which in its
entirety is a golf course without any housing component, and
then to the north of that you have some agricultural zoned land,
basically all the preserve area and undoubtedly an area where
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November 2, 2000
there will not be any development.
Of course, to the south of the Dunes, you have the existing
Dunes. You have the Vanderbilt Beach community, which is a
single-family community. However, given the fact that this
portion of the PUD is vested, that relationship is now
established, it cannot be further compounded in staff's opinion
by the addition to the north, and to the west we have multi-family
zoning at 16 units per acre, residential towers generally in the
neighborhood of eight to twelve stories.
The -- when we evaluate this PUD in terms of traffic impact
and traffic consistency, we can only deal with the added area,
since the current area is vested. Itls obvious that 109 additional
dwelling units will not exceed, at least our analysis was that it
would not exceed the threshold whereby there would be a
concurrency issue relative to -- consistency issue relative to
traffic impacts.
The other major issue here is consistency with the
conservation and coastal management element. In excess of 77
percent of the land in this petition is preserved. As a matter of
fact, of the 188.5, that equates with -. 145.31 acres of the
188.856 acres is retained as native open space. It's essentially
an environment that includes mangroves, mixed hardwoods and
wetland. Seventy-seven percent of the site will be retained.
Obviously, that far exceeds the 25 percent native vegetation
requirement that our regulations demand, so we have a --
obviously, have a condition here where the coastal -- coastal -. _.
conservation and coastal man"agement element is more than
satisfied.
This petition has been to the EAC, and the EAC has
recommended approval of it. We appreciate that the EAC is the
body most charged with evaluating the environmental -- potential
environmental degradation of any site, and they have found that
this petition meets their expectations.
The .. the issue of .- the issue of the -. there is an issue that
I'd like to discuss with you, and that includes a claim by a Kay
Stammers (phonetic) that all of the land that is included in this
petition is really not owned by the petitioner, and, therefore, they
shouldn't receive the benefits of density considerations, and I
want to hand out her letter to you.
COMMISSIONER RAUTIO: While you're handing it out, when
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November 2, 2000
this petition was to come before us previously, I had
cQmmunications with a Mary Ellen Rand (phonetic), both on the
telephone and provided me written information. Unfortunately, I
put it in the wrong file, so I don't have that with me today, but I
remember the bulk of it, and I think that she may have sent some
of that material to other commissioners.
COMMISSIONER BUDD: Yeah, I received the same letter and
filed it just as well as you did.
COMMISSIONER RAUTIO: I know where it is.
COMMISSIONER PRIDDY: I don't remember getting one, but
if I did, it got filed too but probably in another file.
MR. NINO: Relative to that question, Collier County has
always determined density on the basis of the land that the
petitioner claims they have title to. They submitted an affidavit
to the County as part of their application that they own the land.
We do not do a title search, nor is there any requirement in the
land development code that we do a title search. They have
sworn under oath basically that they own the land.
In any event, the petitioner was made aware of that
situation, and they had their attorneys research that issue, and,
unfortunately, I received this fax this morning and didn't have
time to distribute copies of it, but it basically assures you that
they do indeed have title to the land, and that being the case, we
have no choice but to acknowledge that they're entitled to
density over the entirety of the area, but let me go one step
further.
However, that question has become rather academic. Given
the fact that they lowered the density on the 100 acres to 106
units, all they need is 34 acres of uplands of the hundred acres to
qualify under our density rating system if it did, in fact, only
apply to the upland portion of the site. So, the issue is kind of
academic at this point in time.
The major issue here is the desire on the part of this
developer to build four buildings in the area to a height of 15
stories versus the 12 stories that are vested on the 531 units in
part. Appreciate there is a -. the PUD master plan has three
tracts. There is an R-1 tract, an R.2 tract, and an R-3 tract. The
R-2 tract is now approved for 12 story structures. The R.3 tract
is now approved for two story multi-fami.lY -- two story
multi-family product. That's this entire area here. The R-1 area,
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November 2, 2000
8a
which is partly within the old boundary but mostly within the new
-- the added land would purport to allow 15 story structures, a
maximum of 150 feet, and I believe that -- I believe there are four
structures in that, am I correct, four structures?
So, the issue is the appropriateness of that height. The staff
report suggests to you that with the setbacks that we've
recommended, a minimum setback of 125 feet from Vanderbilt
Drive, the nearest an apartment tower would be from any
residential product of a single-family nature would be in excess
of 600 feet. I don't think one could argue that 15 story structures
on tract R-1 will have any impact on properties to the south of
Bluebill Avenue. They're in excess of a quarter of a mile away,
even though your packet included letters of objection to the
height issue, and, in particular, from Mary Ellen Rand, who sent
you a letter in objection who lives in excess of 1,300, a quarter of
a mile from the high-rise structures.
Relative to the question of high-rise structures, you'lI note in
the staff report, as professional planners we maintain that there
is nothing inherently good or bad in buildings being high. It's
obviously a subjective area. However, in terms -- in terms of the
literature in planning and in urban design, you will not find any
expert -- any academia supporting the proposition that high is
bad.
So, that -. from a land use point of view, you know, that __
planning point of view, that's not an issue that you can really
debate, and it's purely a subjective issue that some people have
a problem with looking at buildings that are higher than two or
three stories. We certainly as staff cannot suggest to you that
that would create a negative urban design statement, and we
can support high-rise structures given that their development
standards are appropriate.
So, the development standards are the thing we need to
zero in on this PUD, and the development standards relative to
spacing between buildings -- and incidentally, your PUD
document needs some revision. It doesn.t reflect the latest
resolutions that we made with the developer -- where is that __
but your PUD document, if you take the right-hand column under
high-rise multi-family, we need to add -- you'lI note that the front
yard from Vanderbilt is 125 feet. You'll note that the space
between buildings, which is something that we're very sensitive
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November 2, 2000
8B ,;,~
to, is 115 in your document. It should be 125 feet, and we need
to add 15 stories to the 150.
In the opinion of staff, we think those development
standards are more than adequate to provide what space
between buildings and setbacks is all about, and that is that if
you take a 45 degree angle, the sun can penetrate the ground.
It.s called a sky exposure plane. That is only one .. the
circulation of light and air and ability for the sunshine to
penetrate the ground between buildings are the hallmarks for
which side yards and space between buildings is all about.
There1s also the statement, particularly when you.re on the
waterfront, that we try to maintain a view corridor, and space
between buildings establishes that view corridor. That distance
of 125 feet between buildings, I suggest to you, is even more
pronounced perceptually when you skew buildings from one to
the other. In other words, if buildings are perfectly pCirallel to
one another, the space between buildings is more pronounced
than if you did that to the building. Youlll note in their design
that that is the design technique they will use. So perceptually,
that space between the buildings will be even greater than 125
feet.
These standards are not too dissimilar to the standards that
have evolved in Pelican Bay. Pelican Bay had half the sum of the
height, but it also had a provision for reducing that under
architectural unification plans, and in most cases in Pelican Bay,
there was a 10 to 15 percent reduction in that dimensional
requirement that would have resulted if you applied half the sum
of the heights.
So, if you drive through Pelican Bay, what you visually see in
the skyline is the kind of separation relationship you would get
with 125 feet between buildings.
Staff was very concerned about Vanderbilt Drive and the
image that Vanderbilt Drive is going to make in this area, and to
some extent I got personally involved in it because I live on
Vanderbilt Drive, in the north end of Vanderbilt Drive, and we ..
we were trying to encourage the development of Vanderbilt Drive
as a signature highway in Collier County. What we need to do to
achieve that; we need an adequate cross-section that accounts
for the width -- that accounts for the widening of the road and an
adequate cross.section that it would allow us to beautify, to
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November 2, 2000
beautify that landscape, that corridor and to achieve hopefully
the kind of design statement that Pelican Bay Boulevard makes
as you drive through it.
lid like to advise you that this developer is entirely in
concert with that effort, and in this PUD document they have
agreed to provide 35 feet of additional right-of-way, 15 feet -- of
which 15 feet would be by way of an easement to the County and
an additional 25 teet will be landscaping, and they have agreed
in the PUD, and it's so worded in the PUD, that they will
landscape -- assume the landscaping responsibility for their 25
feet and the 15 feet that will be part of the Countyls right-ot-way.
We're attempting to get a 130 foot right-ot-way through there,
and we currently have a hundred foot right-ot-way. The 15 teet
will be provided on both sides to establish a 130 foot
cross-section through this -- through .- contiguous to the Dunes
project.
They have also -- I believe theylll tell you, they have also
agreed to landscape the 15 feet next to the cemetery to achieve
this -- I hope they are going to agree -- 11m spending all their
money. I hope theylre going to agree to that.
We can stand here and tell you that this project is
consistent with all of the elements of the growth management
plan and has a set of development standards that is going to give
that portion of town a good urban design statement.
COMMISSIONER RAUTIO: Mr. Nino, you had said that they
provided the affidavit and their attorney did the work to
determine the ownership. What law firm was that?
MR. NINO: Grant, Fridkin, Pearson -. it's Dick Grant of Grant,
Fridkin, Pearson, Athan & Crown.
COMMISSIONER RAUTIO: Okay. So, the claim of the
ownership of the land, is that like claiming the beach if you own
the beach as we discussed last night?
MR. NINO: Yes.
COMMISSIONER RAUTIO: Itls not the same issue or is it?
MR. NINO: Itls basically the same issue.
In other words, you can have -- you can own submerged
land. All kinds of people own submerged land. This applicant
owns submerged lands at the Regatta project, for example, and
there1s all kinds of these.
Marina Towers just around -- just up the road has submerged
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November 2, 2000
land that they own. Pelican Isle owns submerged land, all of
which were included in the density calculation for those
projects.
COMMISSIONER RAUTIO: So, it's not .-
MR. NINO: Not the first time.
COMMISSIONER RAUTIO: -- not the first time. Thank you.
MR. NINO: Yeah.
COMMISSIONER PRIDDY: Mr. Nino, you're suggesting to us
that this project, by adding the 100 acres, we really have a better
project for the community than what we would have if we were
not having this 100 acres? I mean, that.s kind of the --
MR. NINO: I neglected to mention, the land that is being
added is zoned RMF-12 with a maximum density of three units
per acre. This land can be developed right now without being
included .. consolidated into the PUD at three units per acre
multiple family. The only difference is that under the RMF-12, the
maximum height of buildings is 15 feet.
COMMISSIONER PRIDDY: But by adding the two projects,
we really have better control and a better product than what we
would with two separate --
MR. NINO: Questionably, this application brings us the ..
we-II have a conservation easement over the majority of that
green space that you see when you drive up Vanderbilt Drive that
otherwise, outside of this project, could be destroyed under
some mitigation arrangement for a low-rise product.
COMMISSIONER RAUTIO: Any other questions of staff?
The petitioner, Karen.
MS. BISHOP: For the record, Karen Bishop, agent for the
developer.
'-m not going to add to what Ron said because he's very
thorough in what our position is. If there are any questions, I
have the owners here and myself to answer them, as w~1I as, I
know you have comments from the .. there may be some
comments from the gallery, and we-d like to address those, an
opportunity to address those, but just in all, we feel like we have
done an awesome job here, and we are looking forward to
completing this and putting that land under conservation for the
future.
COMMISSIONER RAUTIO: Any questions?
Do we have any registered speakers?
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November 2, 2000
88
MR. NINO: Yes, Dick Lydon, ,John Chandler -- Oh, Dick
Lydon, IWm sorry. .Just Dick Lydon.
COMMISSIONER RAUTIO: Were you sworn in, Mr. Lydon?
MR. LYDON: I was.
COMMISSIONER RAUTIO: I thought so.
COMMISSIONER ABERNATHY: Ron, while he's on the way to
the podium, what are the changes to the PUD that we donWt have
that -.
MR. NINO: Fifteen stories, 125 feet, and I've got some more
to bring to your attention. Apparently.. apparently the draft you
had failed to acknowledge some statements that were in the
EAC report. Barbara Burgeson pointed out that you need to
change footnote one on Page 3.3. You need to change that to
rear yard for principal and accessory structures on lots which
abut a lake -- I'm sorry, rear yard setbacks, take out
non-jurisdictional open space or native vegetation preservation
areas and then add to that sentence, rear yard setbacks which
abut a protected preserve area shall be in accordance with CC
LDC Section 32.8.4.7.3.
COMMISSIONER RAUTIO: Got that one.
COMMISSIONER ABERNATHY: Karen indicates she can go
along with that.
MR. NINO: No, which is the section that establishes the
required distance -
MS. BISHOP: IWm sorry, I missed that. I donWt know how I
missed it, so wewlI put that in.
MR. NINO: She doesn't have a problem with that.
COMMISSIONER RAUTIO: So, when we make the motion
then, we can simply say with the revisions provided related to
building stories and spacing setback requirements, and that
would take care of it?
MR. NINO: Yes.
COMMISSIONER RAUTIO: Okay. Mr. Lydon.
MR. LYDON: IWm Dick Lydon representing the Vanderbilt
Beach Property Owners' Association.
There's been a lot of water over, under and around the dam
on this particular project, and "m, frankly, very delighted that the
staff and the developer and we, who have an interest as
homeowners, have had an opportunity to beat it to death, if you
will, and a lot of good things have come out of that, and I think
Page 73
November 2, 2000
88
Ron Nino is particularly to be congratulated on the work he has
done on it.
We've had a little problem over in Vanderbilt. These folks
built a thing down to the south end called the Regatta that
created all kinds of hullabaloo (phonetic), and it was just so
different in our area that anything that they have done or even
proposed to do since then is bad.
This one, we think, is coming together. We have some
problems with it, yes. The first problem that we have is one of
traffic. There is nothing on the five year plan, to the best of our
knowledge, that's going to alleviate that at all. We have a
problem. It is even worse now with 41 being worked on, but it is
a serious problem of traffic, and it's something that we need to
have the county transportation people work on very hard.
Vanderbilt Drive is a two lane road all the way to Bonita Beach
Road. We have opportunities up there that we think will help this
situation, but at the moment, there is a very definite traffic
consideration.
The signature road idea as mentioned by Mr. Nino, we highly
support. A signature road, in our opinion, is something like
Vanderbilt Beach Road, which we fought long and hard to keep
from being a four lane super highway, and it has turned out to be
a very efficient road.
The second thing that we take exception to, and we have
fought this long and hard, we haven't gotten any concessions nor
have we given any in this particular instance. In the original
PUD, they came to us, and after considerable amount of
discussion, agreed that the buildings that they were proposing
there would be no higher than those existing in Vanderbilt beach,
that is 12 stories. That exists at Baker.Carroll Point.
Their request for 15, we did not find and do not find to this
point acceptable. With the reduction of units down to 640, we
think that may be another opportunity for them to do their
redesigning to the degree of getting back down to the 12 stories.
In that connection also, there is nothing in this PUD that
limits the number of buildings to be built. If I look up here, I see
that it would appear to be seven. That is the -- that is the
number that we have understood would be built. However, I
would kind of like to see that as a part of the PUD, that the
number of buildings, of the high-rise buildings will be seven.
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November 2, 2000
The next thing that concerns us, it concerned us at the
original PUD when they had planned to do a walkway outside the
mangroves, and that was ultimately voted down by the Board of
County Commissioners with the understanding that they could
come back. In this PUD, we have on Page 3-1, Item 3.4,
boathouses and docks. This area that they are building in Turkey
Bay is classified as outstanding Florida waters. There is no
provision in this PUD as to where these boathouses and docks
may take place. We would like .- therevs no indication of how
many. There isnVt a question -- it is not a question, you
understand, of where or how many or anything of the kind. we:J
would like to see this taken from the PUD and ask that they be
returned, that the developer return to this commission and to the
Board of County Commissioners for a secondary approval, if you ~
will, of any boathouses or docks. That was taken out of the II
original PUD. We think wevre being responsive in requesting that
that be left out. Let them come back and request their
boathouses, their docks and show us where they are goinS to be
so we would have an opportunity to see what the impact would
be.
The last thing that I have on the agenda is the public
preserve, the preserve. The first question is, is it public? In the
PUD, it indicates it is for the use of the residents of the Dunes.
Wevd like to know whether or not that can be, will be made a
public, some public access for hiking and wandering and chasing
turtles and all the rest of it.
The next thing is, it does not indicate in here that this is a
preserve in perpetuity. We believe that there should be an
opportunity -- that they might have the opportunity to come back
and say, whoop, we're going to take another 30 acres out of that
preserve and build three or four more high-rises. We'd like to see
that situation entered into the PU D.
The other thing that concerns us -- and preserves are bad
news. The County doesn't want to be responsible for preserves.
The State doesnVt want to be responsible for a preserve. The
people that own the preserve just to the north of this are trying
very hard to get rid of it, so there comes a problem of who is
going to be responsible for the maintenance. The documents will
tell you that the owners of the units in the Dunes will be
responsible. Now, there's a question in my mind as to whether
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88
those people who have already signed sales contracts are aware
of that particular financial responsibility, which could be rather
great with a whole bunch of water and mangroves and turtles
and whatever. Is it possible or is it worth considering that a
bond be placed as a part of this for the assurance that that
preserve will be maintained?
Again, in summation, let me tell you that we think we've
come a long way on behalf of all of us in the neighborhood to
make this an acceptable -. if we've got to have something, this is
looking like it might be more acceptable. With those things that
I have itemized, we think we could live with it very well.
Thank you.
COMMISSIONER RAUTIO: Mr. Abernathy.
COMMISSIONER ABERNATHY: Dick, I'd hate to see your
laundry list of a project that you didn't like.
Have you negotiated and broached all of these subjects with
the developer?
MR. LYDON: I think we have, Ken. There's been a great
deal -- you mentioned earlier, several of you, the memo from Mary
Ellen Rand, and it had a lot to do with setbacks and that sort of
thing, and, frankly, we're pleased with most of the things that
have happened in that particular area, and, you know, I don't,
think that -- the one thing that we haven't agreed on -- we all
agree that there is a traffic problem and will be a traffic problem,
and we all have to work toward getting 'that straightened out and
cleaned out, but that is not the purvey of this commission. That
is the purvey of the fellows that are building roads and trying to
do things in that respect.
The only real hang-up we have is the 15 stories, which is
different than the original agreement where we were going to
keep it the same height as the things over on Delnor-Wiggins
Pass across the water.
COMMISSIONER ABERNATHY: That's the one that causes
me the least trouble somehow.
MR. LYDON: I was afraid that would be the case.
COMMISSIONER RAUTIO: I just want to make sure. So, you
do recognize that the traffic problems are not something that
this developer can resolve, and you're working in a mutually
agreeable approach to work with everybody about the problems
of traffic?
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8e
MR. LYDON: Yes, and I appreciate the overtures that the
developer has made in that connection with the 15 feet over by
the cemetery, which is in sad need of some landscaping and the
rest of it. We do need their cooperation and the cooperation of
our County Commissioners to get some work done up there.
COMMISSIONER RAUTIO: And I was just also curious about,
you want the boat docks and boathouses aspect removed from
this PUD. Could you elaborate on that just a little bit? You want
that to come back individually?
MR. LYDON: Right. That's all we are asking for; the same
thing that was in the original PUD where they were going to build
a boardwalk outside the mangroves, and the County Commission
eliminated that from the PUD and indicated that they could come
back for such an approval at a further time. I'm asking the same
thing on the boathouses and docks.
COMMISSIONER RAUTIO: I guess petitioner will probably
want to respond to your .- the use of the residents versus public
or both of the preserve. I think that should be answered, and the
maintenance issue. It is a long list. Thank you.
MR. LYDON: Thank you very much.
COMMISSIONER RAUTIO: Mr. Nino, did you have any
comment about pulling the boat docks and ..
MR. NINO: Yeah, I'd like to -. how we handle the ..
preserving in perpetuity the preserve areas. When this plat _.
when the plan is platted over the -- over the -. all the preserve
area, there will be a conservation easement, and that easement
will go in perpetuity. As a matter of fact, we cite the Florida
Statute that we model it after, and that provides for that
remaining as open space in perpetuity.
Relative to the issue of boat docks, yes, Mr. Lydon and I ~
talked about that at some length. I guess the position of staff is j~
that every property owner in Collier County who owns waterfront ~
is entitled under the land development code to build a dock I
within the framework of the dock regulations, and we do have I
multiple family projects that have docking facilities, and it seems /8
to me that it's inherently unfair to say to one developer, you need
to get a conditional use, when everybody else in Collier County
who has waterfront property is entitled to build docks in JI
accordance with our docking provision. That seem inherently . I
unfair.
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November 2, 2000
COMMISSIONER RAUTIO: And then the issue is they're not)
asking for anything unusual -- j-l
MR. NINO: Correct.
COMMISSIONER RAUTIO: -- for the docks? They would ~
meet all the criteria, regulations that apply?
MR. NINO: Correct.
COMMISSIONER RAUTIO: Okay.
MS. BISHOP: For the record, Karen Bishop again. I want to
address the maintenance issue, the public going through the
preserves specifically.
As part of our permitting process through the State, we have
to -- one, we have to provide financial surety that I, in fact, can
afford to clean up my wetlands and maintain my wetlands.
That's one of the things -- that's a part of your permit that you
must do at that time. We have already agreed to put the rest of
what you see as preserve areas in preserve for perpetuity and __
COMMISSIONER RAUTIO: Whatever.
MS. BISHOP: -- I'm not spelling it either, okay. And, in fact,
our homeowners' documents also had to be -- were subject to
review at the district and the Corps to make sure that we had
provisions in there so that any person who bought does know
that it is our responsibility. There are -. as most condominiums,
you have reserves set aside for things like paint, painting your
porches or redoing the roads and maintaining your preserves.
So, that is something that is already taken care of. That.s
something that we will be doing as part of our permitting
process.
Now, as far as public access to these, they are called public
lands, but unfortunately, the public has a tendency to make
these lands not very nice after a while. The district does not
want the public in certain areas of this project. I'm going to
suggest to you that the only permits that I would be able to get
right now that I discussed with them and that they are going to
agree to is for me to have a boardwalk from my residential to the
water -- through -- across these, and that's it, and they're only
going to allow me one, and that would be it. They do not want to
see public going through preserve lands. They want them to be
maintained. They want people to stay out of them so that they
are habitat and so that they have a chance to get back to where
they need to be and stay in pristine levels.
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November 2, 2000
So, I would suggest that I don't believe that I'll have an
opportunity to make these public assessable, and not to mention
the stuff on the north, I can tell you is about chest deep in goo,
and perhaps that would not be a normal hiking route that some
people might want to take.
COMMISSIONER RAUTIO: Commissioner Priddy.
COMMISSIONER PRIDDY: And Ms. Bishop, I don't think you
said it very loud, but you said you would agree to seven
buildings?
MS. BISHOP: Seven building, we'll agree to seven buildings,
yes, sir.
COMMISSIONER PRIDDY: Which, really, I think suits Mr.
Abernathy and myself better because I'd rather have the 15 story
and have fewer of them than ..
MS. BISHOP: Well, and I want to just clarify one thing about
the 15 stories. The part that is R .. I want to say it's R --
COMMISSIONER ABERNATHY: One, isn't it?
MS. BISHOP: No, no, this piece here, the low rise. Originally
that was permitted for four stories, and because of this corridor
that we've been discussing and the look and, of course, I have to
say because of the issues of Regatta also, which we did not
zone, we bought it already zoned, that look was something that
the neighborhood did not like, which was all of these buildings,
high buildings right along the roadway.
So, what we are doing essentially is taking two stories off of
the corner and moving those two stories back in the back part of
the project, which would be the R .. from 12 -- you know, the 25
foot that I'm taking off the front, I'm moving it to the back on
those 12 stories, so now I'm at 115 .- I mean, 150. So, what I'm
doing is just taking that height and moving it somewhere else so
that the look at that intersection isn't this corridor of buildings
that the neighborhood really doesn't want to see. So, that was
our reaction to how can we make that look better there.
Now, dropping the density certainly means less buildings of
sorts, and we've done that. We have adjusted our plan based on
those numbers, but the 15 stories we feel is necessary because
of what we're trying to achieve overall for the neighborhood.
COMMISSIONER ABERNATHY: The new buildings there, the
northern portion -. I'm trying to do some arithmetic while
everybody is talking -. are they going to have one or two
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November 2, 2000
apartments per floor; is that the way those are -
MS. BISHOP: No, sir, I don't think so. Dick Corace is the
owner here. He can give you a little more--
COMMISSIONER ABERNATHY: -- talking a hundred more
units spread over four buildings?
MR. CORACE: My name is Dick Corace. I.m chairman of
Signature Communities. And, Ken, to answer your question
specifically, each one of those building pads that you see, there
are four of those, those comprise 87 units in each building for a
total of whatever that number comes out to.
COMMISSIONER ABERNATHY: It'd be 350, something like
that.
MR. CORACE: Three forty-eight, I think, is the number.
COMMISSIONER ABERNATHY: Okay.
MR. CORACE: Okay?
COMMISSIONER ABERNATHY: Uh.huh.
MS. BISHOP: I also wanted to add another thing about the
corridor along Vanderbilt. We've also agreed to build that
sidewalk that goes there. So that when we finish our
landscaping, we.re going to put in the pedestrian path along our
frontage so it is completed and done. So that when they go to do
Vanderbilt Road construction, they're not going to have to rip up
the pedestrian access to build that later. That will be within our
property and along that easement of that landscaping that we
are going to put in up front.
COMMISSIONER RAUTIO: Any other questions, comments?
Do we have any comments from the public?
If not, I'll close the public hearing. What.s the pleasure of
the board?
COMMISSIONER PRIDDY: Madam Chairman, I move that we
recommend for approval PUD.97.18(1), the Dunes for approval
with the changes on Page 3-3, if I remember correctly, that staff
pointed out for corrections.
COMMISSIONER PEDONE: Second.
COMMISSIONER RAUTIO: We have a motion and a -- by Mr.
Priddy and a second by Mr. Pedone.
Any further discussion?
All in favor, say aye.
Opposed, same sign?
(No response).
Page 80
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November 2, 2000
COMMISSIONER RAUTIO: Motion carries.
Thank you. Excellent job.
(Commissioner Wrage rejoins the panel).
CHAIRMAN WRAGE: Thank you. With that, just a comment,
I've been to the woodshed and back.
COMMISSIONER RAUTIO: Courts can be so much fun.
CHAIRMAN WRAGE: I'm surprised you've done so well
without me, but anyway, next, we have R-2000-06.
All those who wish to give testimony on this, please rise,
raise your right hand, be sworn in by the court reporter.
(The speakers were sworn).
CHAIRMAN WRAGE: Thank you.
Chahram.
MR. BADAMTCHIAN: Good morning, commissioners.
Chahram Badamtchian from planning services staff.
Mr. Gary Butler representing Mr. Mario Curiale is requesting
to rezone a two acre parcel of land located on the north side of
U.S. 41, approximately half a mile east of County Road 951, also
known as Collier Boulevard, from agricultural to C-4 commercial.
If we could go to the visualizer, I could show you -- this is
the property in question, surrounded by the Falling Waters Beach
Resort development to the north. To the west, it's surrounded by
C-S zoning also owned by the same -- by the applicant. To the
east, it is adjacent to a recreational tract belonging to the Falling
Waters. To the south, across U.S. 41 and the canal, there are
agriculturally zoned properties.
The C-5 zoning, which is to the west of this devel -- this
property was rezoned, I believe, two or three years ago, and that
C-5 zoning is within the activity center. The C-4 is not.
CHAIRMAN WRAGE: Excuse me, Chahram, isn't part of that
C-5 not within the activity center?
MR. BADAMTCHIAN: No, this -- the entire C-5 is within the
activity center. We adjusted the activity center lines to include
the entire thing.
CHAIRMAN WRAGE: Thank you.
MR. BADAMTCHIAN: Sure.
Growth management plan under the office and
infracommercial subdistricts states that low intensity office
commercial or infracommercial development on small parcels
within the urban mixed use district located along arterial and
Page 81
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8B
September 6, 2000
CHAIRMAN CORNELL: Discussion of the motion?
If not, all in favor?
(Unanimous votes of ayes.)
CHAIRMAN CORNELL: I guess it's five.
I would think we could finish our agenda before lunch, if
that's okay with everybody.
MR. CARLSON: Absolutely.
CHAIRMAN CORNELL: Okay. May I ask for a two-minute
break? And then we'll get back to business and wrap it up.
(Recess.)
MR. NINO: Cherie', do you want to swear them in?
(All speakers were duly sworn.)
MR. NINO: For the record, my name is Ron Nino.
The Dunes PUD is a PUD currently under development to
adopt the petition that is before you and to add 100 acres to an
existing 8S-acre PUD, located on the northwest corner of Bluebill
-- or Immokalee Road, Vanderbilt Drive. Some of you may have
seen currently under construction three high-rise towers, 12
stories currently under construction in that whole quadrant.
By and large, I think you'll note that the 100 acres that is
being added is primarily going to result in that land being
preserved for prosperity.
The PUD that's currently in place authorizes 531 dwelling
units. That's for 85 acres. For the additional 100 acres that
they're adding, they're asking for another -- all they're asking is
the total number of units to increase to 704, which is another
1S4? Give me help.
In any event, the density for this project, with the added
acres, is considered to be below what is otherwise -- what would
otherwise be permitted under the density rating system of the
Growth Management Plan.
The -.. your report includes an analysis of how this PUD
compares or is consistent with the policies, objectives of the
Growth Management Plan, particularly with the conservation
space element. And I believe that those statements attest to the
fact that this petition, if approved, would be consistent with the
Conservation Coastal Management Element, and is also
consistent with all other elements of the Growth Management
Plan.
And Barbara will get into the specifics of indeed how they
Page 66
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September 6, 2000
are consistent with the conservation elements.
MR. SMITH: Mr. Nino, I have done the math. It's 173 new
units, where they could have done 531.
MR. NINO: Thank you.
MS. BURGESON: In regards to the conservational .-
MR. NINO: Indeed, one of the key elements, probably one of
the most controversial elements, it may not be an issue with you
unless -. well, I don't know, it may be an issue. One of the key
issues here is going to be that the developer is proposing to
increase the height of the building to -. of the new buildings that
come on stream from 12 stories to 15 stories. For whatever .- if
that may be of interest to you, I thought I would tell you that.
MS. BURGESON: In regards to the Conservation Coastal
Management Element of the Growth Management Plan, this
project is consistent with the preservation and the wetland
objectives, stating that there's no unacceptable net loss of
viable naturally functioning wetlands on this property.
Of the acreage that's being added and the acreage that was
originally approved by the Environmental Advisory Board back in
1996, there's a total impacts to wetlands on the site of 12 acres.
The 12 acres of wetland impacts are being mitigated. Let's see.
Activities in 12 acres of wetland are being mitigated by
restoration of the remaining 135.74 acres of wetlands, as well as
the pre.servation of what is currently approved and designated as
a nine.and-a-half.acre gopher tortoise preserve in the portion of
the property that.s already been approved and is currently under
development.
The PUD was reviewed and approved back in October of
1996. I've incorporated that section of the staff report into this
staff report, just so that it shows the consistency of that review,
as well as the consistency of the additional 100 acres being
brought into the project.
There is apparently a misunderstanding between staff and
the petitioner regarding some of the language that was in the
Environmental Impact Statement. And I think Karen wants to
address that, and may want to make some modifications to
staff's stipulations. But it Just came to our attention this
morning.
MR. NINO: Let me add one other thing to the record,
because I think .- I know you'll be interested in this. It.s
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September 6, 2000
important to appreciate that The Dunes PUD will be contiguous
to another PUD that's going to come before you, perhaps in
October, called the Cocohatchee Bay, which will extend this
preserve area here all around the Wiggins Pass Marina and
indeed up another practically two miles. That whole system you
see there will be, as a result of these two PUD's, become
preserve areas, preserved in perpetuity.
MS. BISHOP: For the record, Karen Bishop, agent for the
owner.
I also presented at the original, well, advisory board at that
time was different. At the time it was kind of an unusual thing,
because they actually voted for us to allow us to impact the
wetlands, which was kind of an unusual thing.
One of the reasons that was is because the wetlands that
we impacted were a mess, so to speak, with exotics. And we
then also were proposing to preserve -- at that time there was a
sand dune at the corner of a nice beach dune section.
Unfortunately during the process of permitting, we ended up
saving more turtle habitat at nine and a half acres, so we had to
reduce our dune. So essentially we have as much upland
preserve as our impacts, which equaled out from that
perspective.
At this time I want to show you the old line versus the new
line. The old line used to be like this. We're adding 100 acres, is
essentially what you're seeing right there. And the only impact
we're having is that -- the last little building footprint. Actually,
we have to go a little higher. Right about there.
So we're impacting probably about six, seven acres of the
100 acres. And all the other impacts were already prepared.
I do in fact already have my ERP permit and my Corps permit
and my Take permit.
MR. CARLSON: What was that last permit?
MS. BISHOP: The Take permit, which when you have even
the Take permit, we still had to mitigate some of the loss of
habitat, so you write a check. But we didn't take any turtles
off-site. All turtles are contained on-site and doing quite well,
actually. We have them in place. The edges of the preserve
itself still need a little bit of enhancement. There's about 15 feet
that we have to do some enhancement on, on the edge where the
construction is, but it's already in place.
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September 6, 2000
MR. CARLSON: And what is the estimate of the population
of the tortoises?
MS. BISHOP: Oh, I really hate It that you ask me that. I have
to look that up. My biologist is visiting his grandmother and
unfortunately couldn't be here today.
MS. SANTORO: I had a note it was 68 active, but I don't
know if that's still true.
MS. BISHOP: Every one of those turtles that were there are
still contained on-site, so I would say that is still true. We did not
remove any turtles at all from our site.
CHAIRMAN CORNELL: How come you need an Incidental
Take permit if you keep them --
MS. BISHOP: It's habitat loss. It's not just -. you're not _.
when you take the -- when you go for these permits, it's not-.
unless you're saving every square inch of -.. then it's still habitat
loss, so you still write a check for any habitat loss. And since we
had a few more acres of habitat on-site that we needed to use for
development, we in fact wrote a check to the tune of about
$45,000 to compensate for that loss, even though we kept all the
turtles on-site.
It's a nice area. You guys should go out and see it.
And as far as the rest of the environmental impacts which
were wetlands, we are, as Barbara stated, going to be involved in
mitigation and restoration.
Now, the discrepancies between the staff's and our request
confusion has to be -- with respects to when we came before you
guys four years ago, at that time we were working with The
Conservancy in that area and they were asking for a spot for us --
for them to put a building up, or to put some what we call
educational centers, you know, like little gazebos around. So we
put that in our documents to allow that, just in case that
happened.
You know, at this point the negotiations haven't one that
far, because we aven gone a ar In 0 u _nil our
Doardwalks or an t e of wharf alon our canal whic .
piece that head!; into Water 0 Turkey Ba\,. We have set aside in
our document that there will be no impacts of Water of Turkey
Bay at all. As a matter of fact, we have two separate
conservation easements. That particular one in that area allows
nothing at all. The south allows some boardwalks and some
Page 69
September 6, 2000
8S
little hiking areas and some educational areas, but that's it.
There is no -- you know, there would be no kind of development
in those areas at all time. And our conservation easement's
already in place. So there is no question that that isn't already
taken care of.
Oh, and just another comment. The reason why people don't
get their environmental permits up front is because you spend an
incredible -. to get The Dunes permit, it took us a year to get the
environmental permits. And for zoning, it's very difficult to be
able to hold a piece of property that long to wait for the
environmental permits up front. You have to spend an incredible
amount of money. And if you don't know that you're going to get
your zoning, then that's a risk that most people don't want to
take from that perspective.
CHAIRMAN CORNELL: Questions for Karen?
MR. CARLSON: Where is the golf course?
MS. BISHOP: No golf course. Not enough room.
MR. CARLSON: I do remember reading that you intend to
irrigate the area with surficial wells.
MS. BISHOP: We have a water use permit already in place.
They make you get those permits now before you have your EOP.
It has to run concurrently. So we did in fact have to do that. We
in fact do have our permits in place.
MR. CARLSON: Over the long-term, I would have a Plan B.
MS. BISHOP: We are in fact working on that now. We
understand.
I also am involved with a park to the south which also we
got a water use permit or are in the process of getting a water
use permit for them to irrigate the same way. I just find it to be
like blasphemy to water with potable water. It just seems, I
don't know, like it.s sucking up a resource, so to speak.
And we really don't have that much grass area in the big
scheme of things. But, you know, because we do have a lot of
preserve, we have big habitats. But we still, what you have, you
do need to irrigate to some degree. And even that, I don't want
to see potable water used for irrigation.
CHAIRMAN CORNELL: Other questions for Karen?
Anybody in the audience have a question for Karen? We
don't have any audience. I don't mean that. Wonderful audience.
MS. BISHOP: Favorite kind of audience, quiet.
Page 70
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September &, 2000
CHAIRMAN CORNELL: What action would you like to take?
MR. COE: I'll make a motion for approval.
CHAIRMAN CORNELL: Is there a second?
MR. CARLSON: I'll second.
CHAIRMAN CORNELL: Discussion on the motion?
If not, all in favor?
(Unanimous votes of ayes.)
CHAIRMAN CORNELL: Five.
Bill, I guess you can help us with some thinking about the __
do you want to talk about the wetland workshops, or do you want
to talk about the EIS, or what?
MR. LORENZ: Well, J'm pinch hitting here for Bob Mulhere
for the EIS.
CHAIRMAN CORNELL: Okay.
MR. LORENZ: As I understand it, the Board of County
Commissioners had presented a set of comments on the draft
EIS. That would have been several months ago.
Staff has reviewed the EIS in relationship to the board's
previous comments, and Bob has sent to the County Commission
a memo saying that there's - basically that the final EIS adheres
to all the board's comments, basically, such that there's no
further need for any additional comments from Collier County.
And that's his recommendation to the Board of County
Commissioners.
He has provided you, I believe, with a summary document of
the EIS -- you should have received that either in this packet or
under a separate cover -- and just wanted to make sure that all of
the advisory committees had received those comments. If you
want to provide comments on the EIS, your appropriate route
would be to make your comments to the Board of County
Commissioners.
And unfortunately, I'm not sure, Ed, you may know, when the
deadline is for the comments. I think it's very quick.
CHAIRMAN CORNELL: I think it.s over.
MR. CARLSON: J think I got it extended.
CHAIRMAN CORNELL: Did you?
MR. CARLSON: Yeah, I called Bob Barron and asked for an
extension, and he didn't seem upset about it and he said other
people had asked. So I think there's time.
CHAIRMAN CORNELL: Into the middle of September sort of
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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 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 Iicable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
'/L.
lY
N/A
~
(i;
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
~9A
RESOLUTION NO. 2008-116
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA, TO REAPPOINT JERRY P.
MORGAN TO THE COllIER COUNTY WATER AND
WASTEWATER AUTHORITY
WHEREAS, Collier County Ordinance No. 96-6, as amended, creating the Collier
County Water and Wastewater Authority, provides that the Authority shall be composed
of five (5) members appointed by the Board of County Commissioners; and
WHEREAS, the term of Jerry P. Morgan will expire on May 21, 2008, creating 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 Jerry P. Morgan is hereby
reappointed under the Technical Member category to the Collier County Water and
Wastewater Authority for a 4 year term, said term to expire on May 21, 2012.
This Resolution adopted after motion, second and majority vote.
DATED: April 22, 2008
ATTEST:
DWIGHT ~. ,8ROO~! Clerk
By:, "
Attest ., ~~tMlU)p
signature OAr,~.1. '.: \.>
r..(.' .,1' -.'
CP:08-BCC-00428;2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, 9B
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. Origmal 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 aetion on the item.)
ROUTING SLIP
eomplete routing Jines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exeeption of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attorney's Office
Agenda Date Item was April 22, 2008 Agenda Item Number 9B
Approved by the BCC
Type of Document Resolution i)lfnr' \\1 Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCe approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require 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 BCe on (enter date) and aU changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a lieable.
Yes N/A (Not
(Initial A licable)
@
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
CRA RESOLUTION NO. 2008-117
q~
A RESOLUTION OF THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY TO REAPPOINT MEMBERS TO THE
BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT
ADVISORY BOARD
WHEREAS, the Collier County Community Redevelopment Agency (CRA), adopted
CRA Resolution No. 2007-295, establishing the Bayshore/Gateway Triangle local
Redevelopment Advisory Board, and provides that the Advisory Board shall consist of
nine (9) members to be appointed by the CRA; and
WHEREAS, the terms of two (2) members will expire on May 22, 2008, creating
vacancies on this Board; and
WHEREAS, the CRA previously provided public notice soliciting applications from
interested parties; and
WHEREAS, the Bayshore/Gateway Triangle local Redevelopment Advisory Board
has provided the CRA with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, that:
1. Karen L. Beatty is hereby reappointed under the category of Bayshore Resident
to the Bayshore/Gateway Triangle local Redevelopment Advisory Board for a two year
term, said term to expire on May 22, 2010.
2. Charles H. Gunther is hereby reappointed under the category of Gateway
Resident/Business to the Bayshore/Gateway Triangle local Redevelopment Advisory
Board for a two year term, said term to expire on May 22, 2010.
BE IT FURTHER RESOLVED that the Collier County Community Redevelopment
Agency hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, as
amended, relating to a limitation of two consecutive terms of office, for the purpose of
reappointment of both Karen L. Beatty and Charles H. Gunther to this Board.
This Resolution adopted after motion, second and majority vote.
DATED: April 22, 2008
ATTEST:, ;1 :r,
DVV,~GHI E. BROq<, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
Approved as to form and
leg I sufficiency:
CP: 08-Bce -00427; 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ,.
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 C
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 Offiee. The completed routing slip and original
doellments 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 ehairman's si2Tlature, draw a line through routing lines #1 through #4, eomplete 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 contaet is the holder of the original document pending Bee approval. Norma\1y 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 eon tact staff for additional or missing
information. A\1 original documents needing the Bee 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 Lisa Resnick Phone Number 252-8097
Contact
Agenda Date Item was 4/22/08 with changes Agenda Item Number 9C
Approved bv the BCC
Type of Document Resolution and Execu8'e Summary Number of Original 1
Attached 2LtJ~ - (I Documents Attached
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, Q;
resolutions, etc. signed by the County Attorney's Office and signature pages from ~
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines! "
The document was approved by the BCC on 4/22/08 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.
1.
2.
3.
4.
5.
6.
N/A (Not
A licable)
I: Forms/ eounty Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
~ 9C
RESOLUTION NO. 2008- 118
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY,
FLORIDA PERTAINING TO THE PRELIMINARY ALTERNATIVES OF THE "ADDITION
LANDS" GENERAL MANAGEMENT, WILDERNESS DESIGNATION AND OFF-ROAD
VEHICLE PLANS BEING DEVELOPED BY THE NATIONAL PARK SERVICE (NPS) FOR
THE MANAGEMENT OF THE "ADDITION LANDS" ANNEXED TO THE BIG CYPRESS
NA TIONAL PRESERVE.
WHEREAS, the Addition Lands lie primarily within the county of Collier County, Florida;
and
WHEREAS, these Addition Lands have long been a source of traditional recreation
including hunting, fishing, frogging, camping, motor boating, off-road vehicle use, hiking, wildlife
viewing; and
WHEREAS, the citizens of Collier County and the general public desire to use the
Addition Lands as such lands to continue these traditional and cultural activities; and
WHEREAS, the NPS is currently developing long range management plans for the public
use ofthese Addition Lands that could lead up to 75% of the Addition Lands declared a Wilderness Area;
and
WHEREAS, the Preliminary Alternatives have each placed additional restrictions on
motorized recreational access and uses of these Addition Lands and Waters, and
WHEREAS, the Everglades City resolution NO. 2005-09 incorporated by reference here,
does not support any of the preliminary alternatives due to restrictions that would result in possible severe
economic hardships on their economy; and
WHEREAS, this board concurs with Fla. Fish and Wildlife Conservation Commission
(FFWCC) comments and conclusions regarding Wilderness and Alternatives respectively, within its June
15, 2007 review document.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: we urge the NPS to adopt a more user
friendly alternative that will ensure the rights of publ ic to recreate upon these lands in their entirety, in the
traditional and cultural manner that the intent ofthe enabling act of the Big Cypress Addition Lands
allowed for.
BE IT FURTHER RESOLVED that that the Board urges NPS to utilize standard existing
and proven land management techniques rather than Wilderness - proposal or designation anywhere
within the Addition Lands and Waters.
This resolution adopted after motion, second and m~ority vote favoring same, this ~
day of~, 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B~L\J
Attest S~ to Cha'~
s 19R.Wt onl"
By:
TO
Approved as to form and legal sufficiency:
DaVi~gfflZ)~/ /~
County Attorney
Item# ~
Agenda
Date
, Date
~ 9C
EXECUTIVE SUMMARY
Recommendation to adopt a resolution pertaining to the preliminary alternatives of
the" Addition Lands" general management, wildnerness designation and off-road
vehicle plans being developed by the National Park Service (NPS) for the
management of the "Addition Lands" annexed to the Big Cypress National
Preserve.
OBJECTIVE: To adopt a resolution authorizing preliminary alternatives of the
"Addition Lands" general management, wildnerness designation and off-road vehicle
plans being developed by the National Park Service (NPS) for the management of the
"Addition Lands" annexed to the Big Cypress National Preserve.
CONSIDERATIONS: The citizens of Collier County and the general public desire to
use the Addition Lands as such lands to continue traditional and cultural activities use.
The National Park Service is developing long-range management plans and an adopted
resolution may help to ensure traditional use.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: The National Park Service's Preliminary
Alternatives have placed additional restrictions on motorized recreational access and uses
of the Addition Lands and Waters.
LEGAL CONSIDERATIONS: The Office of the County Attorney has approved the
attached Resolution for legal sufficiency.
RECOMMENDATION: That the Board of County Commissioners urges NPS to utilize
standard existing and proven land management techniques rather than Wilderness -
proposal or designation anywhere within the Addition Lands and Waters.
PREPARED BY: Lisa Resnick, Executive Aide
Board of County Commissioners
SUBMITTED BY: Jim Coletta
Commissioner, District 5
AGENDA DATE: APRIL 22, 2008
9D"'IItJ-
. . ' . 'l']'.'~
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 doclIments should be hand delivered to the Board Oftlce. The completed routing slip and original
documents are to be forwarded to the Board Ofliee only after the Board has taken action on the item.)
ROUTING SLIP
eomplete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routini:! lines # Ithrou!!h #4, complete the checklist, and forward to Sue Filson line # 5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee ehairman's signature are to be delivered to the Bee o1fice 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 4/23/08 Agenda Item Number 9D
Approved by the BeC
Type of Document Agreement Number of Original 1
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. CAll documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 4/23/08 (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.
DDA
UDA
\)\)f\
1)DP\
~
w
I: Forms/ eounly Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
eOA60/27
9 Qt. J:
COUNTY ATTORNEY EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 23rd day of April, 2008, by and
between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter
called "Employer," as party of the first part, and Jeffrey A. Klatzkow, hereinafter called
"Employee," as party of the second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, Employer desires to employ the services of Jeffrey A. Klatzkow as
County Attorney of Collier County; and
WHEREAS, it is the desire of the governing board, hereinafter called "Board of
County Commissioners" or "Board," to provide certain benefits, to establish certain
conditions of employment, and to set working conditions of said Employee; and
WHEREAS, Employee desires to accept employment as County Attorney of said
Collier County; and
NOW THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1: Duties
Employee is hereby employed as, and shall have the authority, duties and
responsibilities of, County Attorney for Collier County. Employee shall act as chieflegal
counsel to the Board of County Commissioners (Board) and shall provide legal
representation and advice to the Board and, as appropriate, the County Administrator
(Manager) and County staff. Where appropriate, Employee will provide legal assistance
to all of the Board's Advisory Boards and Committees, including but not limited to
providing Sunshine Law, Public Records Act and Ethics workshops. Employee shall
report directly to the Board and shall have sole responsibility for the employment and
management of the legal staff and operation of the County Attorney's Office.
Section 2: Term
A.
Employee agrees to remain in the exclusive employ of Employer
until April 23, 2011 as specified in Section 20, paragraph D herein,
from the effective date of this Agreement, and neither to accept
other employment nor to become employed by any other employer
until termination of employment pursuant to this Agreement.
B.
On or before September 30th of the year immediately preceding
the then ending year of the Agreement, including any applicable
Page 1 of9
90
extensions, the term of this Agreement may be extended for a
period of two (2) years by the mutual written agreement of the
Board and the Employee. It is contemplated that the Board will
base its decision on the question of whether or not to grant the
extension of the term of this Agreement on (1) the Employee's
performance and (2) the Employee's ability to successfully achieve
goals mutually developed and agreed to by the Employee and the
Board. Notwithstanding the foregoing, the end date of the first
extension term, if implemented, will be September 30th, so that the
term of this Agreement will ultimately correspond with the
County's fiscal year.
C.
Nearing the conclusion of the initial employment period, and any
applicable extensions, the Employment Agreement may be
renegotiated by the Employer. The Employee shall be given one
hundred-eighty (180) days notice of Board's intent to renegotiate
the Agreement or to allow the Agreement to expire without
renegotiation. In the event the Board's notice is not to renegotiate,
but for the Agreement to expire, no salary and deferred
compensation severance payment nor insurance benefits shall be
provided Employee or his dependents upon the expiration of the
Agreement. Elements of this Agreement may be changed at any
time when mutually agreed upon in writing by the Employer and
the Employee.
D.
Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the Employer to terminate the services of
Employee at any time, subject only to the provisions set forth in
Section 4 of this Agreement.
E.
Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the Employee to resign at any time from
his position with Employer, subject only to the provisions set forth
in Section 5 of this Agreement.
Section 3: Suspension
Employer may suspend the Employee with full pay and benefits at any time
during the term of this Agreement, but only if:
A.
A majority of the Board and Employee agree, or;
B.
After a public hearing, a majority of the Board votes to suspend
Employee for just cause, provided, however, that Employee shall
have been given written notice setting forth any charges at least ten
Page 2 of9
11 .."",11'lli1"".. ~_ ll\ T ".
9D
(10) days prior to such hearing by the Board of County
Commissioners' members bringing such charges. Just cause shall
include only willful misconduct or willful failure or disregard of
Employee's duties under this Employment Agreement.
Section 4: Termination and Severance Pay
In the event this Employment Agreement with Employee is terminated by the
Employer before expiration of the aforesaid term of employment and during such time
that Employee is willing and able to perform his duties under this Agreement, then, and
only in that event, Employer agrees to pay Employee, in addition to any amounts then
due Employee, including any unused leave, a lump sum cash payment within ten (10)
working days after the effective date of termination, as follows:
A.
An amount equal to twelve (12) months of Employee's annual base
salary and benefits (universal leave and retirement) at the rate
effective on the date of termination, less any normally required
deductions, until such time that the Employee is vested/tenured in
the Florida Retirement System.
B.
After such time that Employee is vested/tenured in the Florida
Retirement System, an amount equal to six (6) months of
Employee's annual base salary and benefits (universal leave and
retirement) at the rate effective on the date of termination, less any
normally required deductions.
Employee's individual and dependent health insurance benefits and term life
insurance benefits shall also be continued and provided by Employer for a period of six
(6) months after termination.
In the event Employee is convicted of any felony or of any crime involving moral
turpitude, Employer may terminate Employee's employment without notice and without
any obligation to pay any aggregate severance sum or to provide post-termination
insurance benefits described in the above paragraphs.
Section 5: Resignation
In the event Employee voluntarily resigns his position with Employer before
expiration of the aforesaid term of his employment, then Employee shall give Employer
sixty (60) days advance written notice, If Employee voluntarily resigns, providing
Employer with less than sixty (60) days notice, Employee shall forfeit any payment for
accrued leave otherwise due and owing.
Page3of9
90
Section 6: Disability
If Employee is permanently disabled or is otherwise unable to perform his duties
because of sickness, accident, injury, mental incapacity or health for a period of four (4)
successive weeks beyond any accrued leave, Employer shall have the option to terminate
this Agreement, subject to the severance pay requirements of Section 4.
Section 7: Salary
A.
Employer agrees to pay Employee for his services rendered
pursuant hereto an annual base salary of $175,000 payable in bi-
weekly installments.
B.
Employer and Employee shall negotiate in good faith to establish,
within one hundred and twenty (120) days after execution of this
Agreement, a performance based merit system through which the
Employee shall be eligible for a merit adjustment upon the
successful completion of measurable goals and objectives to be
completed or attained by the Employee during the 2009 fiscal year
and each fiscal year thereafter during the term of this Agreement.
Such annual performance based merit adjustment shall not exceed
a maximum of ten percent (10%) of the Employee's annual base
salary. The minimum increase for satisfactory performance under
such performance based merit system will equal the average
percentage salary adjustment provided to all County employees for
the given fiscal year or three percent (3%) whichever is greater.
All such merit adjustments shall be included in the Employee's
base salary.
C.
On the date that general wage adjustments (i.e., cost of living
adjustments, special study pay adjustments, etc.) are granted
generally to Collier County employees, Employee's base salary
shall be modified to reflect the general wage adjustment granted to
other County employees.
Section 8: Performance Evaluation
The Employer shall review and evaluate the performance of the Employee in
accordance with the performance-based merit system as provided in Section 7. Written
evaluations based on said performance system will be provided by each County
Commissioner to Employee prior to September 1, 2009, and prior to each September 1st
thereafter for the term of this Agreement. A summary of all evaluations will be prepared
by the Board Chair for the Board and Employee including the recommended merit wage
adjustment. A merit system wage adjustment will take effect on October 1, 2009 and each
October 1 st thereafter for the term of this Agreement. An updated performance merit
Page 4 of9
9 0 '0" ..
system for Employee will be developed in good faith between the Board of County
Commissioners and Employee and adopted by the Board prior to October 1 st of each
fiscal year for implementation in the next fiscal year.
Section 9: Hours of Work
All duties required hereunder shall be performed by the Employee personally, or
through the assistance of such County Attorney Office employees as may be made
available from time-to-time by the County and concerning which the Employee shall
assume full responsibility; provided, however, that nothing herein shall be deemed to
absolve the Employee of personal responsibility for the duties set forth herein. The
Employee shall be "on-call" twenty-four (24) hours a day, available to perform said
duties and agrees to make himself available as needed during said period. The manner
and means of performance of the duties herein shall be determined by the Employee. All
acts performed by the Employee, explicitly or implicitly, on behalf of the County, within
the scope of his employment, shall be deemed authorized by the County as its agent,
except that any act which constitutes willful misconduct or which may be unlawful shall
be deemed to be an individual act ofthe Employee without authority of the County.
Section 10: Outside Activities
The Employee agrees to remain in the exclusive employ of the County while
employed by the County.
Section 11: Automobile and Cellular Phone
Employer shall provide a cellular phone and service for the Employee's business
use. All County business travel outside of Collier County shall be reimbursed at a cents-
per-mile rate equal to the Florida statutory allowable rate then in effect.
Section 12: Insurance, Vacation, and Sick Leave
A. As an inducement to Employee to become County Attorney, at signature
hereof, Employee shall be credited with the carryover of his accrued vacation
and sick leave days to date into a universal leave account. Employee shall
accrue to his universal leave account an additional thirty (30) days per year,
not including County holidays, on a monthly basis of two and a half (2.5)
days per month. Employee is highly encouraged to utilize his universal leave
days not only for the Employee's individual health and welfare, but also for
the increased effectiveness and efficiency of the County as a whole.
B. Employer agrees to maintain in force for Employee all health, life insurance
or other insurance policies provided by County to its other employees.
Page 5 of9
9D
f
C. Unused universal leave will be paid at Employee's current rate of salary upon
termination, resignation or contract expiration. Employer agrees to put into
force and to make required premium payments for Employee for insurance
policies for life, accident, disability income benefits, major medical and
dental, and dependent's coverage group insurance covering Employee and
his dependents. Term life insurance for Employee shall be provided at a
level of three times (3x) Employee's annual base salary. Disability insurance
income benefits shall be a fifty percent (50%) of Employee's annual base
salary. Employee shall continue to have the option of participating in the
County Leave Bank.
D. Employer agrees that annually, on the Employee's anniversary date of
employment with the County, the Employee will be paid for all hours of
accrued universal leave that exceed three hundred-sixty (360) hours.
E. All provisions of law and regulations and rules of the County relating to
holidays and other fringe benefits and working conditions as they now exist,
or hereafter may be amended, shall also apply to Employee in the manner
that they apply to other employees of the County, in addition to benefits
specifically enumerated in this Agreement.
Section 13: Retirement
Employer agrees to execute all necessary agreements provided by ICMA
Retirement Corporation (ICMA-RC) or NACO Public Employees Benefit Services
Corporation (as determined by Employee) and the Florida Retirement System for
Employee's continued participation in said retirement plans. Employer agrees to pay the
maximum allowable annual amount into the Employee's current retirement fund on
Employee's behalf, on the effective date of this Agreement and on the anniversary of said
date thereafter, and to transfer ownership to succeeding employers upon Employee's
resignation or termination, or to Employee upon his retirement, in accordance with any
applicable rules, regulations or laws. The County Attorney is designated as a Senior
Management Service Class Employee.
Section 14: Dues and Subscriptions
Employer agrees that the public is served by Employee's participation in
professional organizations that enhance his professional development and in community
organizations through which Employee can enhance the level of service provided to the
Employer and its citizens.
Employer will budget for and pay for professional dues and subscriptions of
Employee necessary for his continuation and full participation in national, regional, state,
and local associations and organizations necessary and desirable for his continued
Page 6 of9
90("1
professional participation, growth, and advancement, and for the good of the Employer,
including but not limited to: The Florida Bar Association; the Collier County Bar
Association; the Florida Association of Counties; and the Florida Association of County
Attorneys.
Section 15: Professional Development
A. Employer agrees to budget for and to pay for travel and subsistence
expenses of Employee for professional and official travel, meetings, and occasions
adequate to continue the professional development of Employee and to adequately pursue
necessary official functions for Employer, including but not limited to: lawsuits and
meetings involving Employer; County project financial meetings including bond
closings, etc.
B. Employer agrees to budget for and to pay for travel and subsistence
expenses of Employee for short courses, institutes, and seminars that are necessary for his
professional development and for the good of the Employer.
C. Employee may use an Employer pool or rental car for out-of-county
professional and business travel within Florida. All out-of-state travel not specifically
provided for herein shall be pre-approved by the Board of County Commissioners.
Reimbursement for out-of-county travel shall be as provided by Florida Statutes.
Section 16: Indemnification
In addition to that required under state and local law, Employer shall defend, save
harmless, and indemnify Employee against any tort, professional liability claim or
demand or other legal action, including costs and attorneys' fees relating thereto whether
groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of Employee's duties as County Attorney.
Section 17: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the
Employee under any law or ordinance.
Section 18: Other Terms and Conditions of Employment
The Board and the Employee shall fix any such other terms and conditions of
employment as they may determine from time to time, relating to the performance of
Employee, provided such terms and conditions are not inconsistent with or in conflict
with the provisions of this Agreement or any other law.
Page 7 of9
90
Section 19: Notices
Notices pursuant to this Agreement shall be in writing, transmitted by personal
service or by deposit in the custody of the United States Postal Service, postage prepaid,
addressed as follows:
(1) EMPLOYER:
Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples, FL 34112
(2) EMPLOYEE:
Jeffrey A. Klatzkow
14606 Indigo Lakes Circle
Naples, Florida 34119
Notices shall be deemed effective upon delivery or receipt.
Section 20: General Provisions
A.
The text herein shall constitute the entire agreement between the
parties.
B.
This Agreement shall be binding upon and inure to the benefit of
the heirs at law and executors of Employee.
C.
This Agreement is a personal services contract and neither this
Agreement nor Employee's obligations under this Agreement are
assignable.
D.
This Agreement shall become effective commencing April 23,
2008 providing for an employment termination date of April 23,
2011 unless this Agreement is extended or renegotiated as
provided herein.
E.
If any provision, or any portion thereof, contained in this
Agreement is held unconstitutional, invalid or unenforceable, the
remainder of this Agreement, or portion thereof, shall be deemed
severable, shall not be affected, and shall remain in full force and
effect.
Page 8 of9
9D
~...~"
IN WITNESS WHEREOF, the Employer has caused this Agreement to be signed
and executed on its behalf by its Chairman, and duly attested by its Clerk to the Board,
and the Employee has signed and executed this Agreement, both in duplicate, the month,
date and year first above written.
ATTEST:
DWIGHT E. BROCK, CLERK
~\t;;
. . U to C".l
S1gnattft ,onlil\ .'
',L .
WITNESSES:
f~t~
~Qaabr-
COA60/26
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
Page 9 of9
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 I!ltr 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. Ifthe document is already complete with the
exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office ___ Initials Date
(List in routin order)
1.
lOA
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 Bee ehairman's signature are to be delivered to the see office only after the sec has acted to approve the
item.)
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
Name of Primary Staff Shawn Tan Phone Number 252-2376
Contact
Agenda Date Item was April 23, 2008 Agenda Item Number lOA
Approved by the BCC
Type of Document HUD Annual Action Plan~~' ~\. Number of Original 3
Attached Documents Attached
6. Minutes and Records
Clerk of Court's Office
Yes
(Initial
N/ A (Not
A Iicable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified, Be aware of our deadlines!
The document was approved by the BCe on 4/23/2008 (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.
51
s1
)(
~
(1
I: Forms/ County Fomls/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
10A~~~f~
MEMORANDUM
Date:
April 25, 2008
To:
Shawn Tan, Grant Coordinator
Housing and Human Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
HUD Annual Action Plan & Resolution 2008-121
Attached, please find two (2) originals of the above referenced item
(Agenda Item #10A) approved by the Board of County Commissioners
on Wednedsay, April 23, 2008.
The Minutes and Records Department has kept one (1) of the original
documents for the Board's permanent record.
If you should have any questions, please contact me 252-7240.
Thank you.
Attachments (2)
lOA
COLLIER COUNTY, FLORIDA
ONE-YEAR ACTION PLAN
HUD FY 2008-2009
Collier County Board of Commissioners
Tom Henning, Chair, District 3
Donna Fiala, Vice Chair, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
Jim Coletta, Commissioner, District 5
County Manager
Jim Mudd
PS Administrator, Marla Ramsey
HHS Department Director, Marcy Krumbine
Grant Operations Manager, Margo Castorena
Grants Coordinator, Shawn Tan
The One-Year Action Plan was prepared by the staff of the
Collier County Housing & Human Services Department
3050 North Horseshoe Drive, Suite 110
Naples, FL 34104
(239) 252-4663
Action Plan
1
Collier County, Florida
10A"-~
Ta ble Of Contents
1. Executive Summary 3
Program Funding 2008-2009 3
Project Selection 4
2. General Information 6
Geographic Area & Maps 7
Allocating Investments 10
Managing the Process 11
Citizen Participation Process 13
Institutional Structure 14
Monitoring 14
Lead Based Paint 15
3. Housing Objectives 2008-2009 16
Funding Sources 16
Public Housing 16
Barriers to Affordable Housing 17
Housing Program Requirements 20
4. Homeless Prevention 23
5. Community Development & Special Needs_25
6. Project Information Sheets 30
7. Certifications
8. Appendix
Adopting Resolution
Timeline
Advertisements & Public Comment
FY2008 Action Plan
2
~,,\,,\E. N T O"c-
l~ II1II ~O~
~~:j~t~; J~:o6~~g~~~o~e~~n
The CPMP Action Plan includes the SF 424 and Narrative Responses to Action Plan
questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year
in order to be compliant with the Consolidated Planning Regulations.
lOA
"1'~
Complete the fillable fields (blue cells) in the table below. The other items are pre-
filled with values from the Grantee Information Worksheet.
Applicant Identifier
B-08-UC-1200 16 TVDe of Submission
Date Received bv state State Identifier ADDlication Pre-aDDlication
Date Received by HUD Federal Identifier D Construction o Construction
18I Non Construction IT Non Construction
IApplicant Information
Collier County Board of County Commissioners Contact: Marcv Krumbine
Public Services Administration Phone: (239) 252-HOME
3301 Tamiami Trail East Fax: (239) 252-2331
Naples. FL 34112 MarcvKrumbine@collieraov.net
EmDlover Identification Number lEIN1:
596000558
Applicant Type: Specify Other Type if necessary:
New-B
U.S. Department of
PrOgram Funding Housina and Urban Development
Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s);
Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding
Community Development Block Grant 14.218 Entitlement Grant
CDBG Project Titles Neighborhood improvements Description of Areas Affected by CDBG
including affordable housing development, housing Project(s) Countywide/Collier County, FL
rehabilitation, housing infrastructure, public facility
improvements, and other services to benefit low
income individuals and families.
$CDBG Grant Amount $2,324,214 ~EAddltional HUD Grant(s) IDescrlbe
Leveraaed $0
$Additional Federal Funds Leveraged Additional State Funds Leveraged
$Locally Leveraged Funds $3,997,000 Grantee Funds Leveraged
~
$Anticipated Program Income 0 I6ther (Describe)
Irotal Funds Leveraged for CDBG-based Project(s) $ 3,997,000
-.
10~
Home Investment Partnerships Program 14.239 HOME
HOME Project Titles Affordable housing Description of Areas Affected by HOME
kJevelopment, housing rehabilitation and purchase Project(s) Countywide/Collier County, FL
assistance. CHDO ooeratina, and CHDO set aside
$HOME Grant Amount $664,349 + ~tdditional HUD Grant(s) IDescribe
$5,621 for ADDI everaaed
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$360,000 SHIP purchase assistance,
housina counselina and rehabilitation
~Locally Leveraged Funds ~Grantee Funds Leveraged $7,691,259
$Anticipated Program Income 0 pther (Describe)
Total Funds Leveraged for HOME-based Project(s) $8,051,259
Housing Opportunities for People with 14.241 HOPWA
AIDS
HOPWA Project Titles N/A Description of Areas Affected by HOPWA
Proiect(s) N/A
$HOPWA Grant Amount $0 ~:dditional HUD Grant(s) IDescribe
Leveraaed
~Additional Federal Funds Leveraged $Additional State Funds Leveraged
~LOcally Leveraged Funds $Grantee Funds Leveraged
~Anticipated Program Income jOther (Describe)
Ifotal Funds Leveraged for HOPWA-based Project(s)
Emergency Shelter Grants Program 14.231 ESG
IESG Project Titles Emergency Shelter Grant Description of Areas Affected by ESG
lassistance for Saint Mathew's House Project(s) Countywide with emphasis on rural
Immokalee
I$ESG Grant Amount ~Addltlonal HUD Grant(s) Leveraged pescribe
95,197 $Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged $1,900,000
$Antidpated Program Income 0 pther (Describe)
""otal Funds Leveraged for ESG-based Project(s) $1,900,000
.
Conaressional Districts of: Is application subject to review by state
14 126 Executive Order 12372 Process?
Is the applicant delinquent on any federal DYes This application was made available to
debt? If "Yes" please include an additional the state EO 12372 process for review
document explaining the situation. on DATE
X No Proaram is not covered bv EO 12372
DYes I ~No ON/A Program has not been selected by the
state for review
Person to be contacted regarding this application
Jeff E.
Date Signed
1-/ )'5 "0 i
"
./.,., r-\ "\
Attest I' to'Ch4f~ S
11g1)1bn oatl'"
lOA
Collier County, Florida
~t-~1.\It~ENITO~ ~o
{* I *<a.~ Third Program Year
~,,~ ~tf Action Plan FY 2008
6<4N oe1ol~\.O
The CPMP Annual Action Plan includes the SF 424 and Narrative Responses to Action
Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each
year in order to be compliant with the Consolidated Planning Regulations.
lOA
Narrative Responses
~ i ~ , ,~'" <>,. I ~ ~ ~ ,. 1;\ '" ~
SENEAA&.." " ", ',:, " , '~
Executive Summary
Program Year 3 Action Plan Executive Summary:
Collier County Action Plan FY 2008-2009 Program Year
Background
Collier County receives federal funds from the U. S. Department of Housing and
Urban Development for three entitlement programs. These programs are
Community Development Block Grant (CDBG), HOME Investment Partnership
(HOME) and the Emergency Shelter Grant (ESG) program. Collier County utilizes
State funding from the State Housing Initiatives Partnership (SHIP) program to
leverage and support the federal dollars. SHIP funds, local resources and private
dollars are used as the required HOME and ESG match.
The main priority in utilizing the limited Federal, State and local funds is providing
housing opportunities for the community's low-income residents. Collier County has
successfully administered five years of HUD entitlement funding and met the
required timeliness test in each of the past five years. Collier continues to expend
nearly 100% of its federal funding on very low and low income beneficiaries.
During the 2008-2009 program year Collier County will receive the following federal
grant funds:
Community Development Block Grant (CDBG)
HOME
American Dream Downpayment Initiative (ADDI)
Emergency Shelter Grant (ESG)
$2,324,214
$ 664,349
$ 5,621
$ 95,197
TOTAL Federal Funds:
$3,089,381
(Note: The entitlement cities of Naples and Marco Island will receive $111,802 and
$72,231 respectively in CDBG funding bringing the total county allocation to
$3,089,381)
The County will use these funds federal to implement specific objectives identified in
the required Five-Year Consolidated Plan for 2006-2010 which was adopted by the
BCC on April 25, 2006 by Resolution Number 2006-110.
FY2008 Action Plan
3
Collier County, Florida
lOA
The primary objective for utilization of available grant funds will continue to be the
provision of affordable housing opportunities for the very low and low income
residents of Collier County.
Location of Projects
Grant funds are administered on a countywide basis targeted at helping low-income
families become homeowners. In addition, funds are provided for housing
rehabilitation, new housing construction and other activities that will provide
opportunities for individuals and families to have safe, secure and healthy housing.
The County will continue efforts to provide community development improvements in
low-income neighborhoods throughout the community with a special emphasis on
Immokalee and River Park. The County will provide assistance to the homeless and
special needs populations and the organizations that serve them.
Project Selection Process
In the fall of each year, the County prepares a timeline for competitive grant
applications and preparation of the annual Action Plan. The timeline released in the
fall of 2007 provided important dates including Grant Application workshops held in
Naples and Immokalee, technical assistance, deadline for submitting competitive
grants, grant scoring and selection deadlines, along with dates for the release of a
draft One-Year Action Plan, 30 days of public comment and workshops and public
hearings. Two grant application workshops were held in October 2007 and
competitive grant applications were due December 3, 2007 for projects to be funded
in the 2008-2009 program year. All agencies were provided with a "cure period" and
final scoring and ranking occurred in February 2008. The County provides for
competitive grant applications at least once a year and the applications are reviewed,
ranked and scored using a specific set of written evaluation criteria. Projects
recommended for funding are presented to the Affordable Housing Commission in
March and to the Board of County Commissioners in April.
The following projects are recommended for funding in 2008-2009:
CDBG
Fun Time Demolition Building Removal
Habitat for Humanity Regal Acres
Empowerment Alliance Esperanza Place
CDBG Planning & Administration
City of Naples
City of Marco Island
CDBG Contingency
$ 25,000
$ 900,000
$ 400,000
$ 464,843
$ 111,802
$ 72,231
$ 1,706
CDBG-Public Services
PLAN Expansion
Youth Haven Caring for Families
Immokalee Non-Profit Facility Manager
Shelter for Abused Women & Children "Gentle"men Program
Collier County Housing and Human Services Senior Program
$ 40,000
$ 100,000
$ 30,000
$ 78,632
$ 100,000
FY2008 Action Plan
4
Collier County, Florida
IDA
HOME
Collier County Housing Development Corp CHDO Operating
CHDO Set-Aside - Empowerment Alliance of S.W. Florida
Lane Mark Esperanza Town Homes
HOME Administration
Single Family Rehabilitation
ADDI
American Dream Downpayment Initiative
ESG
Saint Matthew's House Operations
ESG Administration
TOTAL Federal Funding
$ 33,217
$ 99,653
$ 246,000
$ 66,435
$ 219,044
$ 5,621
$ 92,817
$ 2,380
$3,089,381
FY2008 Action Plan
5
Collier County, Florida
~O"
f
, ~"\.
General Questions
1. Describe the geographic areas of the jurisdiction (including areas of low income
families and/or racial/minority concentration) in which assistance will be directed
during the next year. Where appropriate, the jurisdiction should estimate the
percentage of funds the jurisdiction plans to dedicate to target areas.
2. Describe the basis for allocating investments geographically within the
jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year
and the rationale for assigning the priorities.
3. Describe actions that will take place during the next year to address obstacles to
meeting underserved needs.
4. Identify the federal, state, and local resources expected to be made available to
address the needs identified in the plan. Federal resources should include
Section 8 funds made available to the jurisdiction, Low-Income Housing Tax
Credits, and competitive McKinney-Vento Homeless Assistance Act funds
expected to be available to address priority needs and specific objectives
identified in the strategic plan.
Program Year 3 Action Plan General Questions response:
1. Geographic Area:
Federal and State funds are provided throughout Collier County. The County and
two of its three incorporated cities, Naples and Marco Island, participate in the Urban
County qualification process. Everglades City does not currently participate in this
program.
FY2008 Action Plan
6
Collier County, Florida
10.r
Map One displays the 2000 Census Block Groups (subdivisions of Census Tracts)
where more than 51% of the population has incomes below 80% of the Naples MSA's
(Collier County) median family income. Within these areas the County can conduct
CDBG activities on an area-wide benefit basis. As this map shows, the County's low-
income areas continue to be concentrated to the east and south of 1-75.
Collier County Law/Moderate I ncome Areas
.............................._. :NI
-,",,_$__. r-__u_~__-<>-'
~-
r"l.~:".. .....i7J .ftlJ~~v,,'Ii.111
[::J..... ...... Ual.r... ....,.,.. .......
a:z a MI_
I . . . I . . . I
.
*
;
--- --,
i
i
I
I
I
!
FY2008 Action Plan
7
Collier County, Florida
lOA
As Map Two displays, the County's African-American population is concentrated in
long standing communities in the City of Naples and Immokalee. In 2000, the
African-American community was 4.5% of the total county population.
Call i er Cou nty Afri can - Am eri can Con centration s
oM:ll>';' :Il
oMo-~ 4'c.., ~
,._~__,.__.._A... t3If, -. R
~
;iJ:C.".d' )'Jl~'\( ,;""...,".."
~~~ ,d pl!>J:l ~elflI1 B.I<ock ~-.....---t,
.'a...-a... _. A.
.'a... ........."",-
a 2 ... ::II: aM.
. :::::.~~='~==~'-I !
',. ,
\ s
.....
........ INDo .
il
Cult 01 Me x/co
....
,..
FY2008 Action Plan
8
Collier County, Florida
1. 1..~.!.... p'.
" l
~ ~
In 2000, Hispanics, who can be of any race, made up 19.6% of the County's
population. The Hispanic influx into Collier County has followed the larger statewide
influx of Hispanics that occurred during the 1990s throughout Florida. Hispanics now
comprise 17% of the state's population.
As Map Three displays, Hispanics are clustered to the east and south of U.S. Route
41.
Collier County Hispanic Concentrations
~
;ij.<..:.t[li)J,I~ ~",'",.
AJ'.......rcJP<I>IJ~*"'_k
a"'. la '" ..
..n,.a.... ...A.
IiiiIIZI% ~
a 2" .H_
I I I I
~ ,.........,... '5IIt_r::Ift.. :BID
FY2008 Action Plan
9
Collier County, Florida
10~
2. Basis For Allocating Investments:
Housing
Based upon the Five-Year Consolidated Plan (2006-2010) housing will continue to be
the primary focus of the County's CDBG and HOME programs. Low-income families
(earning below 80% of the median income) face challenges in the Collier County's
housing market. They will continue to receive priority from the County's affordable
housing rental and ownership programs. All housing programs operate countywide.
Homeless
The County's priorities were developed in conjunction with the Collier County Hunger
& Homeless Coalition. The Coalition's HUD-required 'Continuum of Care' priorities are
homeless prevention, families with children, chronic homeless and the development
of additional shelter beds and transitional and permanent housing. The homeless
programs operate countywide.
The Collier County Health Department, through the State of Florida, provides HOPWA
services for AIDS/HIV residents of Collier County. The County supports this
program.
Non-Homeless Special Needs
The County will continue to support the provision of supportive housing for persons
with special needs on a countywide basis.
Community Development
The County will continue to support the revitalization of its low-income
neighborhoods. Efforts will continue to have Immokalee and other low income areas
designated as Neighborhood Revitalization Strategy Areas (NRSA) where appropriate
and supported by the community.
3. Obstacles To Meeting Underserved Needs:
The major obstacle to meeting the County's underserved needs will continue to be
the reduction of federal/state support, which has decreased over time as all areas of
government continue to reduce funding for low income housing and community
development initiatives.
In response to this obstacle, the County has enacted a number of local programs
designed to increase the supply of affordable housing including density bonus,
impact fee deferrals and expedited permitting. The County is also exploring efforts
like inclusionary zoning, community land trust, linkage fees, and other initiatives to
support the production of affordable housing.
4. Identify Federal, State, And Local Resources:
Federal resources will include CDBG and HOME. State funds available in 2008-2009
will include the State Housing Initiatives Partnership (SHIP) funds and Disaster
Recovery Initiative resources. Locally Collier County provides $750,000 annually for
the deferral of water and sewer impact fees for income qualified homebuyers. All
nonprofit and for profit partners are encouraged to provide private resources to
leverage federal and state dollars. In 2008-2009, agencies receiving CDBG, HOME
and ESG funds have committed over $7,691,000 in match or leverage.
FY2008 Action Plan
10
Collier County, Florida
10 t.
Managing the Process
1. Identify the lead agency, entity, and agencies responsible for administering
programs covered by the consolidated plan.
2. Identify the significant aspects of the process by which the plan was developed,
and the agencies, groups, organizations, and others who participated in the
process.
3. Describe actions that will take place during the next year to enhance coordination
between public and private housing, health, and social service agencies.
Program Year 3 Action Plan Managing the Process response:
1. Lead Agency:
The County's Housing and Human Services Department is the lead agency. The
County is submitting its One-Year Action Plan as approved by the Board of County
Commissioners on April 22, 2008.
2. Citizen Participation Process:
The County has adopted a Citizen Participation Plan that meets all of the HUD
requirements. The Citizen Participation Plan is included in the Appendix of the Five
Year Plan.
The participation process includes extensive ongoing consultations with participating
social service/housing agencies and citizens. Beginning in the fall of 2005, a series of
meetings were held throughout the County to report on the County's ongoing
programs and to solicit housing and community development needs from public and
private agencies and its citizens. In addition, the County sent detailed questionnaires
on community development and housing needs to over 130 individuals and nonprofit
organizations that operate in Collier County. Responses to the questionnaires were
used in the creation of the draft 5-Year Plan.
In developing the third year action plant additional information was solicited at a
number of community meetings. Competitive grant applications were received from
23 local organizations requesting over 7.7 million dollars in federal funding
assistance.
A thirty-day public comment period was held between March 13 to April 13, 2008 to
take public comment on the draft Action Plan. Public hearings were held and formal
adoption of the plan occurred on April 22, 2008.
During the 30-day public comment period, the County did receive written comments.
These comments are included in the Appendix.
3. Consultations:
Consultation is an ongoing process for departmental staff; they monitor housing and
community development issues and needs through the following means:
1) Regular meetings with local housing and CD providers.
2) Participation by County staff on boards, committees, and agencies, including
the monthly Affordable Housing Commission.
FY2008 Action Plan
11
Collier County, Florida
lOA
3) Discussions at committees supported by the County including Community
Redevelopment Agency (CRA) meetings in Immokalee, East Naples and the
City of Naples.
4) Technical assistance to agencies and other entities.
5) Working with local lenders on Community Reinvestment Act commitments
and requirements, including participation in the Collier County Loan
Consortium.
6) Participation in public forums, including Chamber of Commerce, Economic
Development Council (EDe) and others.
7) Holding public hearings.
8) Preparation of documents, flyers and brochures regarding specific programs.
9) Special studies.
10) Membership in local and state organizations.
The following public and private agencies and entities were consulted throughout the
year concerning ongoing topics of mutual interest, or were consulted in preparation
of the Consolidated Plan or through forums for discussion. In some cases, specific
reports and plans of the agencies were used.
Public Agencies:
Cities (2) participating in the County's CDBG Program.
Health Department:
Lead based paint poisoning cases~ efforts to remove and reduce LBP hazards and
promote screening and communitywide poisoning prevention education.
County and City Planning/Community Development Departments:
Coordination with the Comprehensive Plan - Housing Element~ barriers to
affordable housing, development issues, and population projections.
Sheriffs Office:
Crime prevention programs~ homeless~ runaway youth~ coordination of resources
and programs.
County Department of Housing and Human Services
Public service/social service needs
Economic Development Council of Collier County:
Antipoverty strategy.
Code enforcement.
Collier County Housing Authority.
Southwest Florida Regional Planning Council:
Coordination on regional intergovernmental issues regarding housing and
community development.
Area Agency on Aging:
Priority needs of the elderly
WAGES Coalition:
Antipoverty strategies.
Workforce Development Boa rd:
Antipoverty strategies.
State of Florida
Quasi-Public Agencies:
Collier County Hunger and Homeless Coalition:
Homeless needs, including persons with HIV.
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Citizen Participation
1. Provide a summary of the citizen participation process.
2. Provide a summary of citizen comments or views on the plan.
3. Provide a summary of efforts made to broaden public participation in the
development of the consolidated plan, including outreach to minorities and non-
English speaking persons, as well as persons with disabilities.
4. Provide a written explanation of comments not accepted and the reasons why
these comments were not accepted.
*Please note that Citizen Comments and Responses may be included as additional files within the CPMP
Tool.
Program Year 3 Action Plan Citizen Participation response:
1. Citizen Participation Process:
The County has adopted a citizen participation plan that meets all HUD regulations.
The citizen participation process included holding public hearings early in the
Consolidated Plan development process to review the existing programs and to solicit
community needs. In preparation for developing the Five-Year Plan, surveys were
provided to 130 individuals and agencies to gather input and identify issues. In
addition, staff held multiple meetings and workshops, released a Request for
Proposal (RFP), provided technical assistance, advertised the availability of funds in
the Naples Daily News, lmmokalee Bulletin and on the County website, accepted
grant applications and provided a thirty-day public comment period and public
hearings on the Draft Five-Year Consolidated Plan and respective One-Year Action
Plan. A similar process is followed each year in preparation of the annual Action
Plan.
2. Summary Of Comments Received:
The public hearing comments received in the plan preparation phase centered
around the need for more affordable/workforce housing and supportive housing for
special needs. The County received four (4) written comments during the 30-day
public comment period. The written comments centered on the need for suggestions
for rehabilitating foreclosed houses for use as affordable housing stocks, TBRA rental
assistance, advertisement and distribution of the Action Plan, and match
contributions for HOME projects.
3. Efforts Made To Broaden The Process:
The County, through its ongoing public participation/consultation process, continually
seeks to broaden this process by involving new nonprofit organizations in its various
programs and by continuing its efforts to provide information to residents. At all
public meetings and workshops, staff is available to provide translation as needed.
Print advertisement is also provided in English and Spanish.
The County expanded its public notice efforts by posting information on its website,
and by placing advertisements in the Naples Daily News and lmmokalee Bulletin.
The annual Action Plan is available at libraries and county government offices.
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4. Comments Not Considered:
There were no public comments received that were not considered.
Institutional Structure
1. Describe actions that will take place during the next year to develop institutional
structure.
Program Year 3 Action Plan Institutional Structure response:
1. Institutional Structure:
The County's Housing and Human Services office coordinates with a wide range of
organizations from for profit housing developers to nonprofit service providers.
During the coming year the County will continue to work with its existing institutional
structure of housing and service providers to make small, continuous improvements
to the process. As Collier grows and new entities express interest in the housing and
community development needs of the very-low to moderate income residents, these
individuals and organizations will be encouraged to participate on a variety of levels.
This may include encouraging new Community Housing Development Organizations
(CHDOs) to providing increased technical assistance (TA) to grassroots, nonprofits
participating in the planning process for the first time.
Monitoring
1. Describe actions that will take place during the next year to monitor its housing
and community development projects and ensure long-term compliance with
program requirements and comprehensive planning requirements.
Program Year 3 Action Plan Monitoring response:
1. Monitoring:
All subrecipients receive federal and local regulations relating to their specific
activity, along with an explanation as to how they apply to the particular project.
Specific performance agreements will be executed with each subrecipient, giving
measurable objectives for the eligible activity to be carried out. Each project is
monitored on an ongoing basis through a combination of desk and phone monitoring,
site visits and monthly reporting. All preconstruction conferences are attended by
Housing and Human Services staff. Documentation submitted with reimbursement
requests is reviewed for compliance with applicable regulations and measurable
objectives prior to issuing funds.
On-site monitoring of subrecipients is scheduled and completed annually by the
Project Management staff. A checklist is completed and reviewed to insure all aspects
of the activity are carried out in accordance with applicable regulations. A follow-up
letter is sent to the subrecipient stating the outcome of the monitoring visit.
In addition to the above, any subrecipient determined to be in need of and/or
requesting additional training on how to meet grantee and federal requirements
receives technical assistance in the form deemed most appropriate to the
circumstances. Additional technical assistance, if needed or requested, is provided
by County staff or other resources.
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HOME: Monitoring is carried out in accordance with federal regulations to insure
compliance with all HOME requirements. Each subrecipient is monitored on-site to
verify that:
. The minimum household income percent requirement for HOME assisted units
is being met under the contract.
. Eligible tenant occupancy meets the minimum income percentage
requirement for HOME assisted units under the guidelines.
. Contractual requirements regarding concentration of HOME units, treatment
of HOME tenants, and other contractual matters are being adhered to.
. The waiting list procedures are in compliance with the grant covenants.
. The federal equal housing law provisions of the contract are being adhered to.
. The Minority Business Enterprise (MBE) and Women's Business Enterprise
(WBE) provisions of the contract are being adhered to.
. The HOME assisted units meet housing quality standards (HQS), and rental
files are reviewed to include: current lease, acceptable identification, monthly
rent compliance, tenant income, and annual recertification.
Lead-based Paint
1. Describe the actions that will take place during the next year to evaluate and
reduce the number of housing units containing lead-based paint hazards in order
to increase the inventory of lead-safe housing available to extremely low-income,
low-income, and moderate-income families, and how the plan for the reduction of
lead-based hazards is related to the extent of lead poisoning and hazards.
Program Year 3 Action Plan Lead-based Paint response:
Lead Based Paint Actions:
During the coming year the Collier County Health Department will continue to screen
and test school children for lead poisoning. The County Housing staff will inspect/test
all housing built before 1978 for lead-based paint in purchase assistance &
rehabilitation programs.
Lead-Based Paint Hazard Reduction
The County follows procedures as specified in applicable regulations and, specifically,
those detailed in Title X. The Department and its representatives provide all required
notifications to owners and occupants and inspect for defective paint surfaces of pre-
1978 properties. Any defective paint conditions found are included in the scope of
work and treatment provided to the defective areas. No children under 7 years of
age have been found to have identified Environmental Intervention Blood Lead Level
(EIBLL) condition; however, interior chewable surfaces are treated as necessary. All
Department policies and procedures have been revised to conform to Title X. County
staff members are HUD certified as Risk Assessors. The County retains EPA certified
inspectors to conduct the testing and clearance of suspect properties.
In every program where federal funds are expended on a housing unit, the County
incorporates the current procedures for hazard reduction or LBP abatement
guidelines as defined in 24 CFR Part 35.
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" "
HOUSING
o~ v " " ,-~.,. ~ ~ "- ~ ... - . "
Specific Housing Objectives
1. Describe the priorities and specific objectives the jurisdiction hopes to achieve
during the next year.
2. Describe how Federal, State, and local public and private sector resources that
are reasonably expected to be available will be used to address identified needs
for the period covered by this Action Plan.
Program Year 3 Action Plan Specific Objectives response:
1. Housing Objectives for FY2008/09:
o Provide infrastructure for the development of 60 single family homes which
will benefit first time and low to moderate income homebuyers.
· Federal Funds: CDBG
o Provide infrastructure for the completion of 184 single family homes for low
and very low income homebuyers.
· Federal Funds: CDBG
o Provide direct down payment assistance to 1 low income home buyer.
· Federal Funds: ADD!
o Provide purchase assistance to 49 low and very low income homebuyers.
· State Funds: SHIP
o Provide rehabilitation assistance to 17 low and very low income homeowners.
· Federal Funds: HOME
· State Funds: SHIP
2. Federal, State, And Local Public And Private Sector Resources:
Federal resources will include CDBG and HOME. State funds available in 2008-2009
will include the State Housing Initiatives Partnership (SHIP) funds and Disaster
Recovery Initiative resources. Locally Collier County provides $750,000 annually for
the deferral of water and sewer impact fees for income qualified homebuyers. All
nonprofit and for profit partners are encouraged to provide private resources to
leverage federal and state dollars. In 2008-2009, agencies receiving CDBG, HOME
and ESG funds have committed over $7,691,000 as match or leverage.
Needs of Public Housing
1. Describe the manner in which the plan of the jurisdiction will help address the
needs of public housing and activities it will undertake during the next year to
encourage public housing residents to become more involved in management and
participate in homeownership.
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2. If the public housing agency is designated as "troubled" by HUD or otherwise is
performing poorly, the jurisdiction shall describe the manner in which it will
provide financial or other assistance in improving its operations to remove such
designation during the next year.
Program Year 3 Action Plan Public Housing Strategy response:
1. Needs Of Public Housing:
The Collier County Housing Authority (CCHA) does not have any units funded by
HUD. The Authority's units were built through USDA Rural Development programs.
The Authority has in place a resident management and maintenance program.
In addition, the County works with the Housing Authority on Family Self Sufficiency
and to encourage residents to become homeowners through various housing
programs. The County's ADD! funds are available to help qualified .residents obtain
home ownership.
2. Housing Authority Performance:
The County's Public Housing Authority is not listed as "troubled" by HUD.
Barriers to Affordable Housing
1. Describe the actions that will take place during the next year to remove barriers
to affordable housing.
Program Year 3 Action Plan Barriers to Affordable Housing response:
Barriers to Affordable Housing:
The County has completed its state-mandated Regulatory Reduction Review. The
County's Affordable Housing Commission is available to review proposed regulations
for their impact on affordable housing, and provide guidance on a range of incentives
for the provision of affordable housing. The Affordable Housing Commission (AHC)
also provides oversight of the state-mandated Growth Management Plan's Housing
Element. The monthly AHC meetings include discussions on the barriers/solutions
including the high cost of land, community land trusts, inventory of excess County-
owned property, expedited permit processing and other issues that affect the ability
to produce affordable workforce housing in Collier County.
The County will continue to evaluate concepts like linkage fees, inclusionary zoning
and other incentive packages in 2008-2009.
In addition, the current situation in the housing market has forced many banks to
tighten lending standards and curtail lending. Banks now require a larger down
payment. Also, the current economy has further strained household incomes due to
a higher cost of living. This increase in the cost of living has negatively impacted
buyers' ability to qualify for home loans.
FY2008 Action Plan
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Collier County, Florida
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HOMEI American Dream Down payment Initiative (ADDI)
1. Describe other forms of investment not described in 9 92.205(b).
2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for
homebuyers, it must state the guidelines for resale or recapture, as required
in 9 92.254 of the HOME rule.
3. If the PJ will use HOME funds to refinance existing debt secured by
multifamily housing that is being rehabilitated with HOME funds, it must state
its refinancing guidelines required under 9 92.206(b). The guidelines shall
describe the conditions under which the PJ will refinance existing debt. At a
minimum these guidelines must:
a. Demonstrate that rehabilitation is the primary eligible activity and ensure
that this requirement is met by establishing a minimum level of
rehabilitation per unit or a required ratio between rehabilitation and
refinancing.
b. Require a review of management practices to demonstrate that
disinvestments in the property has not occurred; that the long-term needs
of the project can be met; and that the feasibility of serving the targeted
population over an extended affordability period can be demonstrated.
c. State whether the new investment is being made to maintain current
affordable units, create additional affordable units, or both.
d. Specify the required period of affordability, whether it is the minimum 15
years or longer.
e. Specify whether the investment of HOME funds may be jurisdiction-wide
or limited to a specific geographic area, such as a neighborhood identified
in a neighborhood revitalization strategy under 24 CFR 91.215(e) (2) or a
Federally designated Empowerment Zone or Enterprise Community.
f. State that HOME funds cannot be used to refinance multifamily loans
made or insured by any federal program, including CDBG.
4. If the PJ is going to receive American Dream Down payment Initiative (ADDI)
funds, please complete the following narratives:
a. Describe the planned use of the ADDI funds.
b. Describe the PJ's plan for conducting targeted outreach to residents and
tenants of public housing and manufactured housing and to other families
assisted by public housing agencies, for the purposes of ensuring that the
ADDI funds are used to provide down payment assistance for such
residents, tenants, and families.
c. Describe the actions to be taken to ensure the suitability of families
receiving ADDI funds to undertake and maintain homeownership, such as
provision of housing counseling to homebuyers.
Program Year 3 Action Plan HOME/ADDI response:
1. Other Forms Of Investment:
Collier County is a recipient of State affordable housing funds through the SHIP
program. In FY2008 the County will receive approximately $2,900,000. These
funds are used in concert with the HOME rehabilitation program as the required local
match. The non-profit recipient of the County's ESG funds provides the local match
as a condition of receiving the grant.
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2. Resalel Recapture Provisions:
The County has in place resale and recapture provisions that meet the requirements
of Section 92.254 of the HOME rule. These provisions are included in all contractual
agreements with owners, developers and/or sponsors.
3. Multi-Family Housing:
The County will not use HOME funds to refinance existing debt of multi-family
housing.
4. American Dream Down-Payment Initiative:
a) Target
With the ADDI funding decreasing to less than $5,621 in 2008-2009, this down
payment assistance can only be provided to one (1) household. The County will
undertake specific outreach of its ADDI down-payment assistance program to:
1. Persons assisted by the Collier County Housing Authority,
2. Residents of mobile homes, and
3. Residents of rental apartments converting to condominiums.
b) Outreach
Outreach to publicly assisted tenants will be provided by working with the local PHA
to provide homeownership workshops. The housing authorities' staff will be asked to
identify viable homeownership candidates (income level, rent payment record, etc.)
for special workshops. County staff will also review and discuss the CCHA's initiatives
under the Housing Choice Voucher Program to identify opportunities for program and
benefit coordination including Habitat for Humanity and other alternatives. The
Housing Authority currently refers potential homeowners to the local Habitat for
Humanity.
Outreach to residents of mobile home parks will be explored. The County will
attempt to identify mobile home communities in the County in which the home sites
are rented. These residents will be provided information about the first-time
homebuyer program. If there is sufficient response, meetings and counseling will be
delivered for these clients. The County will provide information on first time
homebuyer programs to individuals who may qualify for purchase assistance.
c) Provisions to Ensure Suitability for Homeownership
It is a challenge to attempt to ensure the success of homeownership programs. In
order to help ensure the suitability of families to undertaken and maintain
homeownership, counseling is provided to all households that are approved for
County purchase assistance. The County will continue to improve and upgrade its
housing counseling programs in conjunction with local CHDOs and nonprofits as well
as housing developers.
For homeownership retention, the County coordinates with local resources including
the Legal Aid Services of Collier County foreclosure task force and nonprofit
organizations to assist low-income owners remain in their homes.
FY2008 Action Plan
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Collier County, Florida
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Collier County Housing and Human Services Department has a Housing Outreach
Coordinator on staff who works to prequalify and counsel individuals and families for
our homeownership program. The Coordinator can help families develop an action
plan to prepare for homeownership and connect households who are ready to
purchase to participating lenders with the Collier County Loan Consortium.
The County plans to strengthen its homeownership education programs in the
coming years.
PROGRAM REQUIREMENTS
AFFORDABLE HOUSING PROGRAMS
CDBG, HOME and State SHIP resources provide Collier County with the means to
assist low income residents with the purchase of housing and the rehabilitation of
substandard housing for homeowners with incomes of 80% or less than the county
median income. The Housing and Human Services Department uses SHIP funds to
match applicable federal dollars for its general housing rehabilitation program and
homeownership programs. All of Collier County's affordable housing programs are
based on a first-come, first-served basis, with preference given to residents of
targeted neighborhoods, the elderly and disabled residents and those with
emergency/life-threatening situations. All affordable housing programs conform to
specific CDBG, HOME and SHIP regulations. CDBG funds are also spent on
infrastructure support (water & sewer line installation, sidewalks, entry roads & site
preparations) for affordable housing developments.
Land Acquisition
CDBG funds will be used by the County as leverage to assist in the
development of affordable housing. This use of CDBG funds meets
the number one priority of the County 5-Year Consolidated Plan
to support the provision of affordable housing for its low-
income (below 500/0 of MFI) working poor residents. CDBG funds
will be used to install infrastructure to support specific affordable
housing projects. The County will continue to work with nonprofit
affordable housing developers, CHDOs, and CBDOs to rehabilitate
and/or construct new affordable housing.
Housing Rehabilitation Assistance
CDBG, HOME and SHIP funds will be used to maintain affordable
housing by assisting approximately 17 low-income homeowners with
the rehabilitation of their home. The average amount of rehabilitation
assistance is $30,000 per residence. Assistance of this program is
secured by a 15 year, amortizing, forgivable deferred mortgage for the
SHIP program. Under the HOME program, there is a 5 year,
amortizing, forgivable deferred mortgage if the loan is less than
$15,000, and a 10 year, amortizing, forgivable deferred mortgage for a
loan between $15,000 and $40,000. The loans are in compliance as
long as the original owner continues to occupy the rehabilitated units
for the full term of the forgivable deferred mortgage. No interest shall
accrue and no monthly payments are required. Upon a sale,
refinancing, or transfer of title occurs during the mortgage period, the
amortized amount of assistance is due without interest. Homes
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Collier County, Florida
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receiving rehab assistance through the HOME program will be subject
to the recapture provisions.
Down Payment Assistance
ADDI and SHIP funds will be used for affordable housing by assisting
approximately 49 low and moderate-income first-time homebuyer
families with downpaymentfclosing cost assistance. The maximum
ADDI assistance is a grant of $10,000. The SHIP program provides
down payment of up to fifteen percent of the purchase price of the
home. The maximum sales price of a home cannot exceed $300,000
(SHIP cap).
A mortgage and promissory secure this program. Neither interest nor
payments are made as long as the property is homesteaded and used
as the original purchaser's primary residence. If a sale, refinancing, or
transfer of title occurs; or the property is not used as the homebuyer's
permanent residence during the County's mortgage term, the mortgage
becomes immediately due and payable.
Community Housing Development Organization (CHDO)
HOME funds will be used to support the affordable housing activities of
CHDOs serving Collier County. The County, as a participating
jurisdiction (P]), must invest or set aside at least 15 percent (15%) of
its total HOME allocation to projects that are owned, developed or
sponsored by Community Housing Development Organizations
(CHDOs), and which result in the development of homeownership or
rental units. Additionally, the County may allocate up to five percent
(5%) of its total allocation as CHDO operating funds, and may provide
these funds to CHDOs to help them pay operating costs and build their
capacity to develop successful affordable housing projects and
programs.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Community Development Block Grant (CDBG) funds are utilized countywide for a
variety of housing and community development activities. Collier County's CDBG
activities have generated very little program income. There is no program income
anticipated in 2008-2009. At such time as program income is received, it will be
reported and expended in compliance with HUD regulations.
The County does not have urban renewal funds and has not returned any CDBG
funds to its line of credit. In addition, there are no float funded activities or income.
There are no activities designed to meet "urgent needs" at the present time. The
Citizen Participation Plan will address the need for the Board of County
Commissioners to declare an urgent need or disaster in the event that conditions
would occur that pose a serious threat to the health, safety and welfare of the
community
HOME
Collier County intends to provide HOME funds on a community wide basis. However,
the County may also elect to target HOME resources to specific geographic areas,
concentrations of low-income residents, NRSAs or other appropriate locations. HOME
funds that are provided as a direct subSidy to a homebuyer, such as downpayment
and closing cost assistance, will be recaptured upon sale, refinance or loss of
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homestead exemption. This policy exists for housing assisted with State SHIP funds
and federal HOME resources. The recapture provisions are outlined in contractual
agreements with the recipient of SHIP and HOME funds. The HOME, recapture
provisions comply with 92.254 (5) (ii).
When HOME funds are used as a developer subsidy, as in the construction of multiple
housing units or acquisition and rehab, the resale provisions will apply in accordance
with 92.254 (5) (i). The period of affordability, resale, recertification, match and
other HOME requirements are outlined in the contractual agreement with the
developer requesting financial assistance from Collier County.
The County does not intend to refinance existing debt secured by multifamily housing
that may be rehabilitated with HOME funds. Collier County will not use HOME funds
to refinance multifamily loans made or insured by any Federal program, including
CDBG in accordance with 91.220(g) (2) (F).
ADDI (91.220 (g) (2) (iv))
Collier County will use ADD! funds to assist very low to low income and minority
households become homeowners. ADDI will be utilized for downpayment and closing
cost assistance. ADDI funds will be utilized community wide. The County may also
determine that ADDI can be used in targeted areas including the rural communities
of Copeland/Lee Cypress and Immokalee.
A plan for conducting targeted outreach will be developed and include coordination
with local churches, the minority community including organizations such as the
NAACP and the Southwest Florida Hispanic Chamber of Commerce, the Collier
County Housing Authority and residents of older, mobile home parks located
throughout Collier County.
As with other downpayment programs, the County will coordinate with the Collier
County Loan Consortium and the Collier County Housing Development Corporation,
Consumer Credit Counseling and other groups to assist potential first-time
homebuyers prepare, undertake and maintain homeownership. This may take the
form of debt reduction, budgeting and financial counseling, homebuyer education
workshops, after purchase education on home maintenance, and other important
issues to help ensure homeownership stability.
When ADDI funds are used for downpayment and closing cost assistance, a
recapture provision upon sale, refinance or loss of homestead exemption will be
instituted in conjunction with the HOME and State SHIP guidelines. The recapture
provisions are outlined in contractual agreements with recipients of SHIP, HOME and
ADD! funds.
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Collier County, Florida
HOMELESS
Specific Homeless Prevention Elements
1. Sources of Funds-Identify the private and public resources that the jurisdiction
expects to receive during the next year to address homeless needs and to
prevent homelessness. These include the McKinney-Vento Homeless Assistance
Act programs, other special federal, state and local and private funds targeted to
homeless individuals and families with children, especially the chronically
homeless, the HUD formula programs, and any publicly-owned land or property.
Please describe, briefly, the jurisdiction's plan for the investment and use of
funds directed toward homelessness.
2. Homelessness-In a narrative, describe how the action plan will address the
specific objectives of the Strategic Plan and, ultimately, the priority needs
identified. Please also identify potential obstacles to completing these action
steps.
3. Chronic homelessness- The jurisdiction must describe the specific planned action
steps it will take over the next year aimed at eliminating chronic homelessness
by 2012. Again, please identify barriers to achieving this.
4. Homelessness Prevention-The jurisdiction must describe its planned action steps
over the next year to address the individual and families with children at
imminent risk of becoming homeless.
5. Discharge Coordination Policy-Explain planned activities to implement a
cohesive, community-wide Discharge Coordination Policy, and how, in the coming
year, the community will move toward such a policy.
Program Year 3 Action Plan Special Needs response:
1. Source Of Funds:
The County receives Emergency Shelter Grant (ESG) funds from HUD. The required
match for these funds is provided by the subrecipient.
The County has three emergency shelters that qualify for ESG funds and the funds
have been earmarked for each agency to receive on a rotating basis. In 2008-2009,
ESG funds will be provided to the Saint Matthews House.
As the Lead Agency, the county submits an application for Continuum of Care (CoC)
funding on behalf of the Coe. In 2008, two (2) agencies will receive funding as the
result of continuing funding. A total of $217,645 will be available as follows:
Shelter for Abused Women & Children
HMIS expansion renewal
$113,000
$104,645
2. Homeless Accomplishments:
Collier County is a member of the Hunger & Homeless Coalition and is the Lead
Agency for the Continuum of Care. The County supports the homeless priorities
established in the Continuum.
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Collier County, Florida
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:~"
"....1 ce,._.
In 2008, Collier County will carry out the following specific activities:
o Provide funds for emergency shelter operations for 120 homeless persons
with emergency beds for up to 40 additional persons.
(ESG funds)
o Provide transitional housing through the Shelter for Abused Women and
Children to assist the participants for independent living (CoCjTH funds)
o Continue HMIS expansion using (CoCjSHPR funds)
Barriers to accomplishing these goals include a lack of federal, state and local funds.
The County and the Hunger & Homeless Coalition continue to apply for State and
Federal competitive funds but were unsuccessful in securing funding in the latest
competitive cycle.
3. Eliminating Chronic Homelessness:
The County will continue to work with the Collier County Hunger & Homeless
Coalition (CCHHC) to expand the number of emergency, transitional and permanent
supportive housing beds. In addition, the CCHHC is pursuing a 10-year plan to end
chronic homelessness. Preparation for the development of a 10-year plan is
underway.
A potential barrier to addressing chronic homeless may be a lack of political will and
the overwhelming local need to address the increasing homeless family population.
4. Homeless Prevention:
The County's Department of Housing & Human Services provides financial assistance
and coordination with a variety of agencies to families and individuals at risk of
becoming homeless. The Housing & Human Services office encourages local
agencies to refer families to the State of Florida Emergency Financial Assistance for
Housing Program (EFAHP) which provides up to $400 in emergency housing
assistance for families with children who are at risk of homelessness. Youth Haven's
proposed project for this year will focus on preventing families from becoming
homeless.
As Lead Agency, the County also coordinates with nonprofits on an annual
application to the State for Challenge grant funds which can be used for homeless
prevention services.
Additional funding sources are needed to address the increased demand for
homeless prevention services. The Emergency Shelter Grant (ESG) is provided to
the three local shelter providers on a rotating basis.
Six (6) local nonprofits currently participate in the Homeless Management
Information System (HMIS) known as INCCC.
s. Discharge Coordination Strategy:
The Hunger & Homeless Coalition works with local law enforcement officials, as well
as area hospitals, to reintegrate persons leaving public institutions. With the
assistance of a grant from the Florida Office on Homelessness, the Hunger &
Homeless Coalition participated in a Discharge Planning process in March 2007.
FY2008 Action Plan
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Collier County, Florida
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A....'~..........
. ('-f r.
Emergency Shelter Grants (ESG)
(States only) Describe the process for awarding grants to State recipients, and a
description of how the allocation will be made available to units of local government.
Program Year 3 Action Plan ESG response:
Not applicable to Collier County
~
COMMUNITY DEVELOPMENT
"'. ~ ,,~
Community Development
1. Identify the jurisdiction's priority non-housing community development needs
eligible for assistance by CDBG eligibility category specified in the Community
Development Needs Table (formerly Table 2B), public facilities, public
improvements, public services and economic development.
2. Identify specific long-term and short-term community development objectives
(including economic development activities that create jobs), developed in
accordance with the statutory goals described in section 24 CFR 91.1 and the
primary objective of the CDBG program to provide decent housing and a suitable
living environment and expand economic opportunities, principally for low- and
moderate-income persons.
*Note: Each specific objective developed to address a priority need, must be identified by number
and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and
annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other
measurable terms as identified and defined by the jurisdiction.
Program Year 3 Action Plan Community Development response:
1. Community Development Needs:
The County has identified physical improvements within its low-income
neighborhoods as a priority.
2. Specific Activities:
The County will undertake the following Community Development activities this
program year using CDBG funds:
o Provide assistance for the demolition of the existing facility as well as the
landscaping and construction of a new modular building for an early
childhood nursery and development center for 150 low to moderate
income children.
o Provide crisis intervention, support and education to 60 families who are
homeless, or at risk of becoming homeless.
o Provide education through a "Gentle" Men program for youth and boys to
prevent domestic violence.
FY2008 Action Plan
25
1..0..A..~.........
. f .-,~ .{~
Collier County, Florida
o Provide partial funding for a staff position at a recreation facility serving
over 350 low to moderate income children.
o Provide partial funding for 13,000 encounters for direct assistance,
emergency sheltering, and counseling for the area's low, very-low and
homeless population.
o Provide two public facility improvements that will benefit low income
neighborhoods.
o Provide meals each weekday, S2 weeks per year for up to 30 seniors.
o Provide 200 encounters to 80 individuals accessing PLAN provider care
and needed pharmaceuticals.
Antipoverty Strategy
1. Describe the actions that will take place during the next year to reduce the
number of poverty level families.
Program Year 3 Action Plan Antipoverty Strategy response:
1. Antipoverty Strategy:
Most activities undertaken by Collier County with its entitlement funds are efforts to
improve the quality of life for those living at or near poverty. Collier County has
three (3) initiatives designed to reduce unemployment and increase economic
opportunities for its poverty level residents.
First, through its partnership with the Economic Development Council, the County
has an ongoing economic development program. This plan is designed to both attract
new businesses to the County and to help existing businesses expand. One of the
goals of this public/private partnership is to increase the number of high wage
paying new jobs.
Second, as an important component of this economic development effort, is the
County and EDC's partnership with Florida Gulf Coast University's Small Business
Development Center (SBDC) which teaches potential business owners how to
successfully start a new company. An additional partnership includes the customized
job training programs provided by Collier County Public School's Lorenzo Walker
Institute of Technology (LWIT) that train low income residents (most of whom are
unemployed or underemployed) to take specific jobs at new or expanding programs.
Third, the County has two community redevelopment areas (CRA), the
Gateway/Bayshore CRA and the Immokalee CRA, where it is actively seeking to
redevelop these older communities. A third CRA is located within the City of Naples.
Collectively, these efforts represent a realistic countywide antipoverty strategy.
FY2008 Action Plan
26
Collier County, Florida
}.Q.A. ; j\"l ri~~:
2. Extant Strategy Will Reduce Poverty:
Collier County's economy is centered on tourism, construction, services, retail and
agriculture. The local economy has historically focused on tourism and services to
benefit the affluent residents and visitors. The County's current strategy is designed
to increase the number of better paying jobs and prepare the County's workforce to
be qualified to fill higher wage paying jobs. Job training/education and a more
diverse employment base will help reduce the poverty level.
, . ,
J~JO~~~OMELESS SPECI~L "'~EJ~S hlgp?~,~6.. '"''
Non-homeless Special Needs (91.220 (c) and (e)}
1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for
the period covered by the Action Plan.
2. Describe how Federal, State, and local public and private sector resources that
are reasonably expected to be available will be used to address identified needs
for the period covered by this Action Plan.
Program Year 3 Action Plan Specific Objectives response:
1. Specific Activities:
The County does not have any specific federal entitlement funds earmarked to assist
the non-homeless special needs population in 2008-2009. However, the County
does coordinate on a regular basis with organizations that address the non-homeless
special needs population including Sunrise Community (TECH), MS Home, NAMI,
PACE Center for Girls, Shelter for Abused Women & Children, Youth Haven and other
organizations that assist this population. The County will continue efforts to assist
this population by identifying a variety of funding sources, accepting grant
applications, providing technical assistance, referrals and support. Local agencies
assisting the non-homeless special needs populations will be encouraged to develop
long range plans to provide for beds, supportive services and other needs.
In addition, the County's existing housing and community and economic
development programs are available to all income qualified individuals.
2. How Resources Will Be Utilized:
Applications for entitlement funding for this population will be considered on an
annual basis. In addition, information on alternative funding sources will be provided
to interested organizations. The County will utilize its Department of Housing &
Human Services resources and competitive grants to leverage existing community
resources.
Housing Opportunities for People with AIDS
1. Provide a Brief description of the organization, the area of service, the name of
the program contacts, and a broad overview of the range/ type of housing
activities to be done during the next year.
FY2008 Action Plan
27
Collier County, Florida
l-Q-A
\ ..
2. Report on the actions taken during the year that addressed the special needs of
persons who are not homeless but require supportive housing, and assistance for
persons who are homeless.
3. Evaluate the progress in meeting its specific objective of providing affordable
housing, including a comparison of actual outputs and outcomes to proposed
goals and progress made on the other planned actions indicated in the strategic
and action plans. The evaluation can address any related program adjustments
or future plans.
4. Report on annual HOPWA output goals for the number of households assisted
during the year in: (1) short-term rent, mortgage and utility payments to avoid
homelessness; (2) rental assistance programs; and (3) in housing facilities, such
as community residences and SRO dwellings, where funds are used to develop
and/or operate these facilities. Include any assessment of client outcomes for
achieving housing stability, reduced risks of homelessness and improved access
to care.
S. Report on the use of committed leveraging from other public and private
resources that helped to address needs identified in the plan.
6. Provide an analysis of the extent to which HOPWA funds were distributed among
different categories of housing needs consistent with the geographic distribution
plans identified in its approved Consolidated Plan.
7. Describe any barriers (including non-regulatory) encountered, actions in response
to barriers, and recommendations for program improvement.
8. Please describe the expected trends facing the community in meeting the needs
of persons living with HIV/AIDS and provide additional information regarding the
administration of services to people with HIV/AIDS.
9. Please note any evaluations, studies or other assessments that will be conducted
on the local HOPWA program during the next year.
Program Year 3 Action Plan HOPWA response:
The Collier County Health Department accesses funds through the State of Florida to
assist HIV/AIDS clients. Collier County is not a HOPWA entitlement but the County
Housing and Human Services Department supports these activities and shares
information with organizations that serve this population.
Specific HOPWA Objectives
Describe how Federal, State, and local public and private sector resources that are
reasonably expected to be available will be used to address identified needs for the
period covered by the Action Plan.
Program Year 3 Specific HOPWA Objectives response:
Not applicable as HOPWA administered by the State of Florida.
FY2008 Action Plan
28
lOA \,~-
Collier County, Florida
Other Narrative
_~_...~_w____~.....~__.._~___~~_~, _" _~~ ~_....._ __~." _ . ~d_~ ,_......~_~.-"'~ _ ~_~ "'~~_ '"'._ _ ^"'-.<"~ '"...~_H.H4+__~_r....._
Include any Action Plan information that was not covered by a narrative in any other
section.
FY2008 Action Plan
29
10~
\
CPMP Version 2.0
Grantee Name: Jurisdiction
Project Name: ICDBG Plannina and Administration
Description: I IDIS Project #: COOS-Ql UOG Code: IFL129021 Collier County
Administration and implementation of the COSG program and provision of fair housing activities.
Location:
Countywide
:' .J" '.- .,y .-,
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,
Select one:
Planning/Administration
Expected Completion Date:
6/30/2009
- "",,""'Vory
o Decent Housing
o Suitable Uving Environment
o Economic Opportunity
Explanation:
Planning, adminlstraton and Implementation of aUCOBG activities,
including fair housing.
.y": ,. .J.
4L ... ,-:::, .-r
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o Availability/Accessibility
o AfforcIabIlity
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GJ Fund Source: . Proposed Amt.
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CD08-1
1
CPMP
10 ~
CPMP Version 2.0
Grantee Name: Collier County
Project Name: ICltv of NaDles R.lver Park
Description: I IDI5 Project #: C008-02 UOG Code: IFL129021 Collier County
Roof air conditioning noise Issues requiring re-engineering and the units relocated. Upgrade to the sound system fOf.
better and more versatile use of the auditorium. -
Location:
City of Naples, River Park Public
Fadlity
I' 1'\" ,.;. '. ";".. '. .; :~; :)
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r~Ubl;~'"F~~;I~i~~
--==-3
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Expected Completion Date: 05/
'06/30/2009)
... tegory
o Decent Housing
@ Suitable Uvlng Environment
o Economic Opportunity
Outcome Categories
o Availability/Accessibility
o AffOrdability
o Sustainability
;~...: i., ,,,'. ,. . ... k J,;;;,' : .'. ;;. . T....
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. Proposed
~
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Actual Outcome
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. Proposed
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1
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. Proposed Amt.
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111.802.00,.";'; Fund Source: . Proposed Amt.
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.- Actual Units
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CD08-2
1
CPMP
CPMP Version 2.0
10;~
Grantee Name: Collier County
Project Name: ICitv .ofMarco Island Sidewalk$
Description: I 1015 Project #: CDOS-03
Install 2,470 linear feet of concrete sidewalk
. Proposed Amt.
-----' Actual Amount
. Proposed Amt.
---' Actual Amount
11 Public Facilitie~. Proposed Units
----' Actual Units
Accompl. Type: . Proposed Units
---' Actual Units
Location:
Both sides of Marco Lake Drive,
between 5th Avenue and Quail
Dive.
Expected Completion Date:
06/30/2009)
..........1:1'"
o Decent Housing
@ SUitable Uving Environment
o Economic Opportunity
Outcome Categories
o Availability/Accessibility
o Affordabllity
o Sustalnablllty
Ul
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Accompl. Type:
Proposed Outcome
Construct 2,470 feet of
sidewalk
03L Sidewalks 570.201(c)
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UOG Code: IFL129021 Collier County
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Select one:
. Infrastructure
3
Explanation:
This project will provide safe pedestrian access to 60 residents living
in 27 homes.
'__:-:"I..__.i.'_:-...
1 Improve the quality of owner housing
. - -
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... :.. - ...
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2 Improve the services for low/mod income persons · I
.,-- ---------.---_. _._-~
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. Proposed
-
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. Proposed
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. Proposed
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1
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. Proposed
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Accompl. Type:
Accompl. Type:
~ Matrix Codes
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$72,231.00
I:~.-it Fund Source:
.i..
I Fund Source:
1
. Proposed Amt.
---' Actual Amount
. Proposed Amt.
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Accompl. Type: . Proposed Units
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1
CPMP
10 fA ~"~\". ...
CPMP Version 2.0
Grantee Name: Collier County
Project Name: I Fun Time Demolition Bulldlna Removal
Description: I IDIS Project #: CD08-04 UOG Code: IFL129021 Collier County
Demolition of present facility due to age, 36 years.
Location:
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Select one:
other
Expected Completion Date:
06/30/2009)
...~ve
o Decent Housing
@ Suitable Uvlng Environment
o Economic Opportunity
Explanation:
Location must be returned to Its original state. The, building must
be demolished and removed, utilities capped, asphalt removed and
lot landscaped.
2.
n
-
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o Availability/Accessibility
o Affordability
o Sustainabillty
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,
other . Proposed 1 Accompl. Type: . Proposed
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04 Clearance and Demolition 570.201(d)
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f., Fund Source:
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, Fund Source:
CD08-4 1 CPMP
10A\"q.~
CPMP Version 2.0
Grantee Name: Collier County
Project Name: I Habitat for Humanity Reaal Acres
Description: I IDIS Project #: COOS-OS IUOG Code:1FL129021 Collie County
Infrastructure for Regal Acres to build 184 homes
Location: w.>,' ,..' ....' "..,
Regal Acres unincorporated Collier
County Select one:
l;i~::'l
.' . ... ..
Infrastructure
.,i, ":;' I
.~
...'
. . ..--=-.J
Expected Completion Date:
6/30/2009
, c:ategorv
@ Decent Housing
o SuItable Uving Environment
o Economic Opportunity
Explanation:
Regal Acres is a 35 acre subdivision. The infrastructure will serve
184 homes when completed.
Outcome Categories
[2] Avaitabillty/ AcceSsibility
[2] Affordabillty
o sustainability
, ..:., .....; ....~,':.,'.1.;. ,.."., '. ;.:.......('...'.',:: ..,..... .. " 10'.,
1 Increase the availability of affordable owner housing . 'H~~.~n~_n ..~... .. ~
2 Increase the number of homeless persons moving into permanent housing . I
. . .. u, ... n ~. --=..J
3 Improve access to affordable owner housing for minorities
'r." .-.. ..' . II ......... .
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. Proposed
..- Underway
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. Proposed
----' Underway
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184
Accompl. Type:
. Proposed
-
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. Proposed
Underway
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. Proposed
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COSG
$900,000
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.
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. Proposed Amt.
. ---..J Actual Amount
. Proposed Amt.
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Accompl. Type: . Proposed Units
- Actual Units
Accompl. Type: . Proposed Units
- Actual Units
.'
CD08- 5
1
CPMP
lOA
CPMP Version 2.0
Grantee Name: Collier County
Project Name: I Emoowerment AlUance ESDeran~aPlace
Description: I IDIS Project #: ICDOe-06 UOG Code: IFL129021 Collier County
Infrastructure work on a 14 acre site. The Infrastructure will support 60 single family units.
Location:
Immokalee Drive in Immokalee.
....f... ... .,'Hi ,
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3
Select one:
Infrastructure
Expected Completion Date:
'06/30/2009)
Ob)eCtIve category
@ Decent Housing
o Suitable Uving Environment
o Economic Opportunity
Explanation:
Infrastructure work to support 60 single family units.
.- -
..
:.
._:..T:~._.,:_.
1. Increase the availability of affordable owner housing
.t.:
. . ". ..
Outcome Categories
o Availability/Accessibility
o Afforclabllity
o Sustainabllity
-
...
~
----~
- ._-~
2 Increase the number of homeless persons moving into permanent housing
., ----- -..-
3 Improve access to affordable owner housing for minorities
',.-- - . ..-- -.. --- - - - - -- --
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-
Accompl. Type:
... Proposed
-
Underway
Complete
... Proposed
-
Underway
Complete
... Proposed
-
Underway
Complete
Actual Outcome
10 Housing Units
... Proposed
- Underway
Complete
... Proposed
Underway
Complete
... Proposed
- Underway
Complete
Performance Measure
60
Accompl. Type:
Accompl. Type:
Accompl. Type:
Proposed Outcome
Infrastructure for 60
homes.
03 Public Facilities and Improvements (General) 570.201(c) , ... I Matrix Codes
..------ ~ ..--------
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,m____________ _ .. _ _ _~ ._ ____
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'I"l COSG ... Proposed Amt. $400,000 Fund Source: ... Proposed Amt.
I.. ----' Actual Amount ----' Actual Amount
"' Proposed Amt. ... Proposed Amt.
GI Fund Source: ... Fund Source:
>- -- - Actual Amount -~
E Actual Amount
"' 04 Households ... Proposed Units 60 Accompl. Type: ... Proposed Units
I.. - Actual Units - Actual Units
at
0
I.. Accompl. Type: ... Proposed Units Accompl. Type: ... Proposed Units
A. ---.J Actual Units 1::".:-. -----" Actual Units
CD08-6
1
CPMP
lOA
~ ~
CPMP Version 2.0
Grantee Name: Collier County
Project Name: I PLAN EXDansion
Description: I IDIS Project #: CDOS-07 UOG Code: IFL129021 Collier County
Provide healthcare access to low/mod individuals that are attempting to return to self suf'l'k:lency as part of the
continuum of care program.
Select one:
~.:::--::~..
Public Services ~.~
Location:
Countywide
"~i::. c. .:: : ~ ' :." .j::-." i ?
Expected Completion Date:
6/30/2009
-. ~ category
o Decent Housing
@::SUltable UvIng Environment
o Economic Opportunity
Explanation:
The Physlcan Led Access Network of Collier County program will
provide pharmaceuticals and healthcare to low/mod individuals.
Outcome Categories
D Availability/Accessibility
D Affordabllity
o Sustainability
'';&:; :~i:~ :.'Ii.:
1 Improve the services for low/mod income persons
~ ~ ~
..
.-
2
-- ~ --
.~
~.~
3
.
~
~ ~
Accompl. Type:
.. Proposed
---.J Underway
Complete
Performance Measure
Accompl. Type:
.. Proposed
.~ Underway
Complete
!.. Proposed
-
Underway
Complete
.. Proposed
---.J Underway
Complete
Actual Outcome
01 People
.. Proposed
- Underway
Complete
.. Proposed
- Underway
Complete
so
Accompl. Type:
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Matrix Codes
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,- ... .. .. .... ~
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CDBG
$40 000
\::.:
'<
Fund Source: .. Proposed Amt.
. .~.'---' Actual Amount
Fund Source: .. Proposed Amt.
-- .. ---' Actual Amount
Accompl. Type: .. Proposed Units
- Actual Units
Accompl. Type: .. Proposed Units
- Actual Units
01 People
.. Proposed Units
- Actual Units
.. Proposed Units
- Actual Units
so
Accompl. Type:
CD08-7
1
CPMP
lOA
CPMP Version 2.0
Grantee Name: Collier County
Project Name: IYouth Haven Carina for Families
Description: I IDIS Project #: CD08-8 UOG Code: IFL129021 Collier County
Serve families who are recently homeless or at-risl< tor becoming homeless by providing crisis Interventlon, support, and
education, Including parenting skills, budgeting, and job seeking skills.
Location:
Countywide
.'. ',:'i..:t:: :.... ,.J.
. ..,."
Y/I .
,~ .. .' .
Select one:
Public Services
---~---3
Expected Completion Date:
6/30/2009
.....""'l:fVI y
o Decent Housing
@ SuItable Uving Environment
o Economic Opportunity
Explanation:
Assist recently homeless or at-risk of becoming homeless families by
providing crisis intervention, support, education and financial
assistance.
1':,.: ::~ .' ; .' . 1;\"'.:
'I ..,.'
:,,: , ,I.::.' ',.. :;:
Outcome Categories
o Availability/Accessibility
o Afforclability
o SUStainability
1 End chronic homelessness
...
.
.
2 Increase the number of homeless persons moving into permanent housing
. .. ...... '. ... m
..~
3 Improve the services for low/mod income persons
. ... ....
-
......_~
04 Households
... Proposed
-.J
Underway
Complete
... Proposed
- Underway
Complete
... Proposed
-.J
Underway
Complete
Performance Measure
60
Accompl. Type:
... Proposed
Underway
Complete
... Proposed
- Underway
Com plete
... Proposed
- Underway
Complete
Actual Outcome
II)
....
- C
CII CII
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~=
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Accompl. Type:
Accompl. Type:
Accompl. Type:
Accompl. Type:
Proposed Outcome
05 Public Services (General) 570.201(e) -'!J ,Matrix Codes ... __..m-'!J
. . .. .. . --
Matrix Codes ~ Matrix Codes . _m u_ ~
.... . .... . ... ,. ... n . .. .---
Matrix Codes ~ Matrix Codes .....~
. -- .. ... .n ... ... .. . .. -- --
'1"'4 CDBG
...
fa
CII
>-
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...
at
o
...
Q.
Fund Source:
... Proposed Amt.
- Actual Amount
... Proposed Amt.
Actual Amount
$100,000 ::'+:,11 Fund Source: ... Proposed Amt.
; -.J Actual Amount
'1."1
Fund Source: ... Proposed Amt.
.- Actual Amount
60:;: Accompl. Type: ... Proposed Units
;:',- Actual Units
Accompl. Type: ... Proposed Units
: ...-. - Actual Units
04 Households ... Proposed Units
- Actual Units
Accompl. Type: ... Proposed Units
------' Actual Units
CD08-8
1
CPMP
10~
\'" ~.~
CPMP Version 2.0
Grantee Name: Collier County
Project Name: IImmokalee Non-Profit Facility Manaaer
Description: I 1015 Project #: CD08-09 IUOG Code: I FL129021 Collier County
Provide funding for an Immokalee Non-Profit Facility Manager to coordinate 8 community and educ::atlon programs:
After school program, teen program, r8$ldent council, computer literacy program, adult literacy program, early learning
and family literacy program, health and community gardening program.
Select one:
Public Services
~. 'J':; ..?
~_H~
Location:
Immokalee Area
fV
'.' :'o' .. ,"., ,', .,.W
Explanation:
Expected Completion Date:
6/30/~OO9
- .. urregory
o Decent Housing
@ SuItable UvIng Environment
o EconomIC Opportunity
Outcome Categories
o Availabllityl Accessibility
o Affordability
[] SUstalnabllity
~".:,. ::'.".:."..
1 Improve the services for low/mod income persons
,
.
~
2
3
, .
. ,
.~
.~
..
. .
, , .. '.." .
Accompl. Type:
. Proposed
- Underway
Complete
. Proposed
'----' Underway
Complete
Accompl. Type:
. Proposed
'----' Underway
Complete
. Proposed
.......:...J
Underway
Complete
. Proposed
.-
Underway
Complete
Actual Outcome
\I)
....
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GI GI
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~=
GI Q.
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ICL u
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Accompl. Type:
Accompl. Type:
...
Accompl. Type:
. Proposed
"----' Underway
Complete
Performance Measure
Accompl. Type:
Proposed Outcome
.....-.
Matrix Codes
..,
~ Matrix Codes
.. . I Matrix Codes
. ... .~.' . ..... ..m ...... ..
... .. ~ Matrix~odes 'H____, nu ... ....
. -
-
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u.~
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OS Public Services (General) s70.201(e)
..u
Matrix Codes
.. . -.. . .
.
... CDBG . Proposed Amt. 1$10.000 Fund Source: . Proposed Amt.
I. . '----' Actual Amount -----.J Actual Amount
ftI Proposed Amt.
GI Fund Source: . Fund Source: . Proposed Amt.
>- . - Actual Amount - Actual Amount
E ',.;.
ftI Accompl. Type: . Proposed Units " Accompl. Type: . Proposed Units
I. ~i".
~ - Actual Units ~ Actual Units
0
I. Accompl. Type: . Proposed Units .: Accompl. Type: !. Proposed Units
ICL - Actual Units - Actual Units
CD08-9
1
CPMP
lOA
CPMP Version 2.0
Grantee Name: Collier County
Project Name: I Shelter for Abused Women and Children "Gentle" Men Prooram
Description: I IDIS Project #: ICDOS-l0 UOG Code: I FL12902l Collier County
Operating cost for a new program called "Gentte"rflen Against Domestic VIOlence, for the Shelter for AbuSed Women
and Children.
Location:
COUntywide
..t~ ,:c'y' t'. ":!.
Select one:
Public Services
3
Explanation:
Expected Completion Date:
06/30/2009)
......""'V". 7
o Decent Housing
@ SUitable Uving Environment
o Economic Opportunity
The Shelter for Abuse Women and Children will provide a new
program called "Gentle"men Against Domestic Violence. The
program will target males between 12...16 and Is designed to educate
them about domestic violence, gender sterotypes, power and
control.
" "c., : "!!
,'~ .~ :.'1 ."C,; .',.
1 Increase range of housing options & related services for persons w/ special needs . I
., ~ ~~~ -~~ ._~
~
~ - ~ - ~. ~ ,~ -~
2
~
Outcome Categories
o Availability/Accessibility
[] Atrordability
[] SU5tainability
3. ~
-
~
Accompl. Type: . Proposed Accompl. Type: . Proposed ';"
VI - - Underway
.... Underway
- C
GI GI Complete Complete
> E
.!.c Accompl. Type: . Proposed Accompl. Type: . Proposed
I VI - Underway -
'tj:: Underway
GI ~ Complete Complete
'0' E
'" 0 Accompl. Type: . Proposed Accompl. Type: Proposed
Q. u .
u - Underway -----J Underway
C
Complete Complete
Proposed Outcome Performance Measure Actual Outcome
... COBG . Proposed Amt.
'" - Actual Amount
"' Proposed Amt.
GI Fund Source: .
>- ------' Actual Amount
E
"' Accompl. Type: . Proposed Units
'"
c:n - Actual Units
0
'" Accompl. Type: . Proposed Units
Q. - Actual Units
~ Matrix Codes
~ Matrix Codes
. I Matrix Codes
~ ~ . ~'-" ~ '~'~~~' ,.~.... ~.~ _..~. ... ~ . _.~ -~ ~..
1$78 632 . Fund Source: . Proposed Amt.
l';f -----J Actual Amount
Fund Source: . Proposed Amt.
f;: -----J Actual Amount
~ ~
.'
~~~
...~ ..~
~
05G Battered and Abused Spouses 570.201(e)
.. .. ..
05N Abused and Neglected Children 570.201(e)
. ." - ~ .
Matrix Codes
w
, Accompl. Type: . Proposed Units
"'.,." - Actual Units
I' Accompl. Type: . Proposed Units
i/! - Actual Units
CD08-l0
1
CPMP
lOA
t1.
CPMP Version 2.0
Grantee Name: Collier County
Project Name: ICollier County Housina and Human services Sen.lorProanam
Description: I IDIS Project #: C008..11 UOG Code: fFL129021 Collier County
Provide meals to seniors 60 and over every weekday, 52 weeks per year.
Select one:
"_ ";Y 1%ii4f ~~\'~; ")' .~,
: Public Services _~
Location:
Countywide
... .' .... .,..;' ..) ,i.
Expected Completion Date:
6/30/2009
......UOVV' 7
o Decent Housing
@ Suitable UvIng Environment
o ~Ic Opportunity
Explanation:
The program will provide meals up to 30 seniors every weekday, 52
weeks per year,
Outcome Categories
o Availability/Accessibility
o AIfordabllity
o Sustalnability
;]..'.; . .,.... ... .: .,:
1 Improve the services for low/mod income persons
. . -
. "'.: 1 .. , . '. .,.'. . I ..
II .
.. ,)...
~
~
~
2. .
3.
II
.
-
II . .....
Accompl. Type:
... Proposed
- Underway
Complete
... Proposed
~
Underway
Complete
~ Proposed
Underway
Complete
Performance Measure
Accompl. Type:
... Proposed
- Underway
Complete
... Proposed
-
Underway
Complete
... Proposed
-
Underway
Complete
Actual Outcome
.,.
II)
....
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t=
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Accompl. Type:
Accompl. Type:
Accompl. Type:
Accompl. Type:
Proposed Outcome
Matrix Codes
.. ...... ..
-
-
__.n ..
"" -~
...~
...1
...
_.~ Matrix Codes
~ Matrix Codes
... I Matrix Codes
.... .--=..J..._ ..
05 Public Services (General) 570.201(e)
I ... ...
Matrix Codes
.. .. ... -. ... .. .. .
- ..
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PI CDBG
10.
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A.
Fund Source:
... Proposed Amt.
----l Actual Amount
... Proposed Amt.
----l Actual Amount
100.000
.;.
..'
Fund Source:
... Proposed Units
- Actual Units
Accompl. Type: ... Proposed Units
- Actual Units
... Proposed Amt.
----l Actual Amount
Fund Source: ... Proposed Amt.
.\1 - - Actual Amount
30Iit;;';il Accompl. Type: ... Proposed Units
1(1, - Actual Units
i;~\;: Accompl. Type: ... Proposed Units
il.I..' ~ Actual Units
01 People
CD08-11
1
CPMP
10 ~
CPMP Version 2.0
Grantee Name: Jurisdiction
Project Name: I HOMEPlannina and Admini$tratlon
Description: I IDIS Project #: HMOS-01 UOG Code: IFL129021 Collier County
Administration and Implementation of the HOME program.
Select one:
if iiiEiiiiiiIIrm::EITJ~>" ~t~lli'
Planning/Administration ...1
Location:
Countywide
.j...: ...,::- "''' ,- \, -' :~,... .': '.
Expected Completion Date:
mm/dd/vvvv)
: ....""""". r
o Decent Housing
o SUitable Living Environment
o Economic Opportunity
Explanation:
Planning, administration and implementation of all HOME activities.
'c. 'c.,
Outcome Categories
D Avatlabllity/Accessibility
D Affordabllity
D Sustainability
1. _ . .
. .
,- .e, . _- c. . .aft ,....-t,:. .,:':., "',),
. .mu . __ ...... ..~
III
....
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QI QI
> E
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t=
Qla.
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a.... 0
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u
CC
Accompl. Type:
3,-
... Proposed
- Underway
Complete
... Proposed
- Underway
Complete
..
u_.'
.....~
I
2.
. .. ..
. .. ..
Accompl. Type:
.
Accompl. Type:
... Proposed
..- Underway
Complete
... Proposed
- Underway
Complete
... Proposed
-._.-~ __-L-- Underway
Complete
Actual Outcome
Accompl. Type:
Accompl. Type:
... Proposed
- Underway
Complete
Performance Measure
Accompl. Type:
Proposed Outcome
21H HOME Admin/Planning Costs of PJ (subject to 5% cap , ... I' Matrix Codes
,n. .. .........__ _ . .u. ... .n-=-.J~ .. . ....... . ......
rMatrixCodes. .. ... .. . ~.MatrixCodes_ ............
Matrix Codes ... I ! Matrix Codes
. .. ._ ..................___... _... ......_... ....-=-.J .... . nn
. -..
. . . .
...1
...1
...1
. .
pt HOME
...
ftI
QI
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...
D\
o
...
a.
Fund Source:
... Proposed Amt.
---.J Actual Amount
,... Proposed Amt.
Actual Amount
$66,435.00
.. ,:; Fund Source:
Fund Source:
. f
... Proposed Amt.
Actual Amount
... Proposed Amt.
---' Actual Amount
Accompl. Type: ... Proposed Units
... . u__ -..- Actual Units
Accompl. Type: ... Proposed Units
.- Actual Units
~:Jm; Accompl. Type: ... Proposed Units
, Actual Units
: U'
... h Accompl. Type: ... Proposed Units
.-- Actual Units
HM08-01
1
CPMP
lOA
1:'.,-, ~."'l
CPMP VersIon 2.0
Grantee Name: Jurisdiction
Project Name: IHOME Slnale Famllv Rehab
Description: I IDIS Project #: HM08-02
Owner occupied, single famify rehabilitation assistance.
IUOG Code: IFL129021 Collier County
Location:
Countywide
"...,::,,;:!.J'.~....
."
Select one:
Owner Occupied Housing
3
Expected Completion Date:
mm/dd/YYVY)
-.....,"'.,
@ Decent Housing
o SuItable Living Environment
o economic Opportunity
Explanation:
HOME rehab assistance wlll leverage SHIP funds to ~sslst very low
and low income homeowners.
~.
. ::. 'X: ,. .1.....'
\.:".
> . ,II" ,:~ . ....... ,. '.....1. ::
...
Outcome Categories
o Availabilltyl Accessibility
o Aft'ordability
o SUstalnabillty
1 Improve the quality of owner housing
..... ... ... ...~_.. ..
. . - ... .-- - - .
2. --
-. .
.
.._ .. u.. __~__
...1
-- - -- --~-_._---~~~~~~~---- .....~
10 Housing Units
3.-- .....
... Proposed
- Underway
Complete
... Proposed
-
Underway
Complete
.
-. -. ..-..-
5
Accompl. Type:
... Proposed
Underway
Complete
... Proposed
- Underway
Complete
... Proposed
.~ Underway
Complete
Actual Outcome
en
....
- C
GJ GJ
> E
.!J:
I en
t=
GJ C.
'0' E
1: 0
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u
CC
Accompl. Type:
..
Accompl. Type:
..
Accompl. Type:
... Proposed
-
Underway
Complete
Performance Measure
Accompl. Type:
Proposed Outcome
Minimum of 5 units brought
from substandard to
iJ. Matrix Codes
. .... T Matrix Codes
....:J . ... . .. _ ...
... I Matrix Codes
-. ...- ~-~.._. .....~ ..
- - --
...1
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~~
14A Rehab; Single-Unit Residential 570.202
r' .. - . ....... -
Matrix Codes
r---"-" ..
--- -
- . -~- - --.... ..
Matrix Codes
ru- ~ - -..
- .-
. ..
... HOME
I..
ra
GJ
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I..
D'
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Fund Source:
... Proposed Amt.
.- Actual Amount
... Proposed Amt.
..~ Actual Amount
$219,044.001':', Fund Source: ... Proposed Amt.
c/: - Actual Amount
Fund Source: ... Proposed Amt.
H>':' - Actual Amount
>L. Accompl. Type: ... Proposed Units
- Actual Units
: Accompl. Type: ... Proposed Units
.... Actual Units
Accompl. Type: ... Proposed Units
--.- Actual Units
Accompl. Type: ... Proposed Units
- Actual Units
HM08-02
1 CPMP
lOA
l~~~
CPMP Version 2.0
Grantee Name: Jurisdiction
Project Name: I Lane Mark
Description: I 1015 Project #: HM08-Q3
Construct 36 units of affordable housing in Esperanza.
UOG Code: I UOG Code
Location:
East Naples
.'l;..."I':If.."l.:i'~
Select one:
Owner Occupied Housing
I
Expected Completion Date:
6/30/2009
~ve OItegOry
@ Decent Housing
o Suitable Uving Environment
o Economic Opportunity
Expla nation:
Build affordable housing for low/mod clients.
Outcome categories
o Availability/Accesslbility
o AffOrdability
o Sustainability
J" '.. ...' Ii , "::1,.. I:i. .
1 Increase the availability of affordable owner housing
. . ' .__' _ __" ,n . ., 'n
: ,."
...1
--~
...1
2 Improve access to affordable owner housing
. ." '."------- " " " . , .' ,,'----
-- ,
3 Improve access to affordable owner housing for minorities
t., -'-- ,., ,..- '.-..,...-- ,--
Accompi. Type:
... Proposed
- Underway
Complete
... Proposed
- Underway
Complete
... i Proposed
- ----!
Underway
Complete
Performance Measure
Accompl. Type:
... Proposed
-- Underway
Complete
... Proposed
"-
Underway
Complete
... Proposed
- Underway
Complete
Actual Outcome
10 Housing Units
,
III
....
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1J=
cu a.
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CC
Accompi. Type:
.
Accompi. Type:
Accompi. Type:
Proposed Outcome
- -,
~J ,Matrix Codes
, .., r Matrix Codes
-.:J . _
... 1 Matrix Codes
n
, .
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12 Construction of Housing 570.201(m)
. "'" -- '" '" - ,
Matrix Codes
,
-
.".,~
-~
Matrix Codes
[. ' ,." ., - '" -
... HOME
a..
ftI
CU
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a..
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Fund Source:
... Proposed Amt.
. -------J Actual Amount
... Proposed Amt.
.. ~ Actual Amount
$246.oo0.00J::,;' Fund Source: ... Proposed Amt.
Actual Amount
Ii Fund Source: ... Proposed Amt.
I,? -----' Actual Amount
I:': Accompi. Type: ... Proposed Units
"'. - Actual Units
.: Accompi. Type: ... Proposed Units
- - Actual Units
Accompi. Type: ... Proposed Units
-- Actual Units
Accompi. Type: ... Proposed Units
,- Actual Units
HM08-03
1 CPMP
lOA \\<i1
CPMP Version 2.0
Grantee Name: Jurisdiction
Project Name: IColller County Housina DeveloDment COrD CHDO ooeratlna
Description: I IDIS Project #: HM08-04 UOG Code: I UOG Code
Provide CHDO operating cost to Collier County Housing Development Corporation
Location:
Countywide
..'! : .,,;' :.' - ..! '! 1
Select one: I Planning/Aclm~~istra~~~'
,.; .:'. :;;;;.. :!!'': !.' ".;': :.::
3
Expected Completion Date:
mm/dd/YYYY)
~JeCtlve category
o Decent Housing
o SuItable Uving Environment
o Economic Opportunity
Explanation:
Provide operating cost to Collier County Housing Development
Corporation, Including salaries, rent, utilities, and supplies.
Outcome Categories
o Availabllltyl AccessIbility
D AfTordabllity
o SUstainability
1.
.
.
.... --~
-.- ~
2 .
- -.. . . ....
3r-" u ..
---... . . -- .. ..."' . - .,.
...1
Accompl. Type:
... Proposed
. - Underway
Complete
... Proposed
- Underway
Complete
... Proposed
- Underway
Complete
Performance Measure
Accompl. Type:
... Proposed
---
Underway
Complete
... Proposed
..~
Underway
Complete
... Proposed
-
Underway
Complete
Actual Outcome
UI
....
- C
ell ell
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I UI
t::
ell CL
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CC
Accompl. Type:
Accompl. Type:
Accompl. Type:
. . -
Accompl. Type:
Proposed Outcome
.. ...
. ~ Matrix Codes
... I Matrix Codes
. ... . --=..J ,__
. ... I Matrix Codes
_ ... ...m . ..........:.J . ...
. . .
.
I ...1
...1
...1
211 HOME CHOO Operating Expenses (subject to 5% cap)
.. .... ..
Matrix Codes
,_.. .. -
,. H __ U _ __ . _ ..
Matrix Codes
. -. . ..... ._-_. ..."'.. . -..--- --
.. - -
'1"4 HOME
~
ca
ell
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E
ca
~
c:n
o
~
D.
Fund Source:
... Proposed Amt.
- Actual Amount
... Proposed Amt.
--- Actual Amount
1$33,217.00
Fund Source: ... Proposed Amt.
[ - Actual Amount
Fund Source: ... Proposed Amt.
- Actual Amount
Accompl. Type: ... Proposed Units
- Actual Units
Accompl. Type: ... Proposed Units
,---- Actual Units
Accompl. Type: ... Proposed Units
--- Actual Units
Accompl. Type: ... Proposed Units
Actual Units
HM08-04
1
CPMP
lOA "...~.
CPMP Version 2.0
Grantee Name: Jurisdiction
Project Name: I Emoowerment Alliance Esoeranza Place
Description: I IDIS Project #: HM08-0S UOG Code: I UOG Code
Construction of new homes.
Location: &!,i': !~, ',. . .'.:!, . .
Enter location, address, zip codes,
census tracks, or other elements
that will help to identify the
location of the project.
,.:
Select one:
Owner Occupied Housing
~3
Expected Completion Date:
mm/dd/YYVY)
.... ~ve category
@ Decent Housing
o Suitable Uving Environment
o Economic Opportunity
Explanation:
Build affordable housing for low/mod clients.
" ',."!
.,.Ji !,:
0'.. .<,',.
~
Outcome Categories
o Availabllityj Accesslbility
o AIfordabillty
o Sustainabllity
1 Increase the availability of affordable owner housing
.' u, ..
,n
....
,~
2 Improve access to affordable owner housing
.", ' " , "" "
,
~
3 Improve access to affordable owner housing for minorities
I, " ,," -__ m_ mOO
....
,. .
10 Housing Units .... Proposed Accompl. Type: .... Proposed
III - Underway ~
.... Underway
- C
CU CU Complete Complete
> E
.!J: Accompl. Type: .... Proposed Accompl. Type: ' .... Proposed
I III - Underway ~
1:;= Underway
CU CL. Complete Complete
.... E
f 0 Accompl. Type: .... Proposed Accompl. Type: Proposed
a. u ....
u - - -----l Underway
c( Underway
Complete Complete
Proposed Outcome Performance Measure Actual Outcome
. - ...
. - .-.
.... I Matrix Codes
. ',. .. ...- -... ----
....: Matrix Codes
----.J,m _ __.._._
.... I Matrix Codes
. . .._ n _ _ __ __ _m __ m _ ____d. . _
$99,653.00 ':?l\'l;~::\ Fund Source: .... Proposed Amt.
~iii. --.... Actual Amount
",!,',', Fund Source: .... Proposed Amt.
----.J
,.. Actual Amount
60im..~ Accompl. Type: .... Proposed Units
'F;g- Actual Units
f.; Accompl. Type: .... Proposed Units
.;Y'-.!i-.-.-) Actual Units
....
31J Facility based housing - development
r u ---- .- -
Matrix Codes
r - --- . - - -- - __m --
- ,~
Matrix Codes
r -- -
....
'1"'4
...
ftI
CU Fund Source:
>
E
ftI 10 Housing Units .... Proposed Units
.......-- ~
l:rI Actual Units
o
Ii Accompl. Type: .... Proposed Units
Actual Units
Fund Source: .... Proposed Amt.
-------' Actual Amount
.... Proposed Amt.
Actual Amount
HM08-0S
1
CPMP
lOA
CPMP Version 2.0
Grantee Name: Jurisdiction
Project Name: ISaint Matthew's House
Description: I IDIS Project #: ES08-01 UOG Code: IUOG Code
Operation and maintenance of Saint Matthews House and the provision of servies to'llomeless individuals and families.
Select one:
".',:. ~'!.
Homeless/HIV / AIDS
, ' ,
Location:
Countywide
':t. :.. :.......'
u~
Expected Completion Date:
mm/dd/yYYY)
: category
@ Decent Housing
o SUitable Uvlng Environment
o Economic Opportunity
Explanation:
Implementation of the Emergency Shelter Grant through supporting
the operation and maintenance of Saint Mathew's House faclllty and
providing direct services to the homeless.
Outcome Categories
o Availability/Accesslbility
o Affordability
o Sustalnability
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ES08-01
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CPMP
10 A I""
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the
consolidated plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further
fair housing, which means it will conduct an analysis of impediments to fair
housing choice within the jurisdiction, take appropriate actions to overcome the
effects of any impediments identified through that analysis, and maintain records
reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan -- It will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, and implementing regulations at 49
CFR 24; and it has in effect and is following a residential antidisplacement and
relocation assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity
assisted with funding under the CDBG or HOME programs.
Drug Free Workplace -- It will or will continue to provide a drug-free workplace
by:
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees
about
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a
condition of employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation
of a criminal drug statute occurring in the workplace no later than five
calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving
notice under subparagraph 4(b) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless
the Federal agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each affected
grant;
IDA
1 Pt. ...
6. Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph 4(b), with respect to any employee who is so
convicted:
(a) Taking appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other appropriate
agency;
7. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying
To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connectio~
with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement;
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, it will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-
lobbying certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under State and
local law (as applicable) and the jurisdiction possesses the legal authority to
carry out the programs for which I t is seeking funding, in accordance with
applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME,
ESG, and HOPWA funds are consistent with the strategic plan.
Section
Act of
It will comply with section 3 of the Housing and Urban Development
implementing regulations at 24 CFR Part 135.
.
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legal sufficiency
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Attest 11 "to JCfII1
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Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed
citizen participation plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development
plan identifies community development and housing needs and specifies both short-
term and long-term community development objectives that provide decent housing,
expand economic opportunities primarily for persons of low and moderate income.
(See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive
Housing Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be
assisted with CDBG funds, it certifies that it has developed its Action
Plan so as to give maximum feasible priority to activities which benefit
low and moderate income families or aid in the prevention or elimination of
slums or blight. The Action Plan may also include activities which the
grantee certifies are designed to meet other community development needs
having a particular urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community, and other
financial resources are not available);
2. Overall Benefit. The aggregate use of CDBG funds including section 108
guaranteed loans during program year(s), (a period specified by the grantee
consisting of one, two, or three specific consecutive program years), shall
principally benefit persons of low and moderate income in a manner that
ensures that at least 70 percent of the amount is expended for activities
that benefit such persons during the designated period;
3. Special Assessments. It will not attempt to recover any capital costs of
public improvements assisted with CDBG funds including Section 108 loan
guaranteed funds by assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged
or assessment made as a condition of obtaining access to such public
improvements. However, if CDBG funds are used to pay the proportion of a
fee or assessment that relates to the capital costs of public improvements
(assisted in part with CDBG funds) financed from other revenue sources, an
assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG funds, including Section 108, unless CDBG
funds are used to pay the proportion of fee or assessment attributable to
the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other
than CDBG funds. Also, in the case of properties owned and occupied by
moderate-income (not low-income) families, an assessment or charge may be
made against the property for public improvements financed by a source
other than CDBG funds if the jurisdiction certifies that it lacks CDBG
funds to cover the assessment.
lOA
~; ~~
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent
civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the
subject of such non-violent civil rights demonstrations within its
jurisdiction;
Compliance With Anti-discrimination laws -- The grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC
2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations.
Lead-Based Paint Its activities concerning lead-based paint will comply with
the requirements of 24 CFR Part 35, subparts A, B, J, K and R;
::P?::'hill
Signature/Authorized Official
comply with applicable laws.
~ ,) / ~~
'(7'.':::/0.
Date
Chairman
Title
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legal sufficiency
Attest' ti~; to 'C'h~\f.~
119QiWrt on), .. ".,.;m S
Jeff . right, Assistant County Attorney
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Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If the participating jurisdiction intends to
provide tenant-based rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential
element of the participating jurisdiction's consolidated plan for expanding
the supply, affordability, and availability of decent, safe, sanitary, and
affordable housing.
Eligible Activities and Costs -- it is using and will use HOME funds for eligible
activities and costs, as described in 24 CFR ~ 92.205 through 92.209 and that it
is not using and will not use HOME funds for prohibited activities, as described
in ~ 92.214.
Appropriate Financial Assistance -- before committing any funds to a project, it
will evaluate the project in accordance with the guidelines that it adopts for
this purpose and will not invest any more HOME funds in combination with other
Federal assistance than is necessary to provide affordable housing.
To~_AJ · Date 1"25'01, ",_"''''''S. V.
Signature/AU~l
Chairman
Title
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Attest IS td' 4bI t..., I
S 1 gnaturt OR 1 II
egal sufficiency
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ESG Certifications
The Emergency Shelter Grantee certifies that:
Major rehabilitation/conversion - It will maintain any building for which
assistance is used under the ESG program as a shelter for homeless individuals
and families for at least 10 years. If the jurisdiction plans to use funds for
rehabilitation (other than major rehabilitation or conversion), the applicant
will maintain any building for which assistance is used under the ESG program as
a shelter for homeless individuals and families for at least 3 years.
Essential Services and Operating Costs - Where assistance involves essential
services or maintenance, operation, insurance, utilities and furnishings, it will
provide services or shelter to homeless individuals and families for the period
during which the ESG assistance is provided, without regard to a particular site
or structure as long as the same general population is served.
Renovation - Any renovation carried out with ESG assistance shall be sufficient
to ensure that the building involved is safe and sanitary.
Supportive Services - It will assist homeless individuals in obtaining
appropriate supportive services, including permanent housing, medical and mental
health treatment, counseling, supervision, and other services essential for
achieving independent living, and other Federal State, local, and private
assistance.
Matching Funds - It will obtain matching amounts required under 24 CFR 576.51.
Confidentiality - It will develop and implement procedures to ensure the
confidentiality of records pertaining to any individual provided family violence
prevention or treatment services under any project assisted under the ESG
program, including protection against the release of the address or location of
any family violence shelter project except with the written authorization of the
person responsible for the operation of that shelter.
Homeless Persons Involvement - To the maximum extent practicable, it will
involve, through employment, volunteer services, or otherwise, homeless
individuals and families in constructing, renovating, maintaining, operating
facilities, and providing services assisted through this program.
Consolidated Plan - It is following a current HUD-approved Consolidated Plan or
CHAS.
Discharge Policy - It has established a policy for the discharge of persons from
publicly funded institutions or systems of care (such as health care facilities,
foster care or other youth facilities, or correction programs and institutions)
in order to prevent such discharge from immediately resulting in homelessness for
such persons.
HMIS - It will comply with HUD's standards for participation in a local Homeless
Management Information System and the collection and reporting of client-level
information.
T5mi~~
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Date
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ATTEST: .. . /J(."
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al sufficiency
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Chairman
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S j gnature on )'11 .a fr.a,. I
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APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such
failure.
B. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the
grantee is providing the certification.
2. The certification is a material representation of fact upon which reliance
is placed when the agency awards the grant. If it is later determined that
the grantee knowingly rendered a false certification, or otherwise violates
the requirements of the Drug-Free Workplace Act, HUD, in addition to any
other remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be
identified on the certification. If known, they may be identified in the
grant application. If the grantee does not identify the workplaces at the
time of application, or upon award, if there is no application, the grantee
must keep the identity of the workplace(s) on file in its office and make
the information available for Federal inspection. Failure to identify all
known workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
4. Workplace identifications must include the actual address of buildings
(or parts of buildings) or other sites where work under the grant takes
place. Categorical descriptions may be used (e.g., all vehicles of a mass
transit authority or State highway department while in operation, State
employees in each local unemployment office, performers in concert
halls or radio stations) .
5. If the workplace identified to the agency changes during the performance
of the grant, the grantee shall inform the agency of the change(s), if it
previously identified the workplaces in question (see paragraph three) .
6. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
1 0 A tl';' ,
Place of Performance (Street address, city,
3301 Tamiami Trail East Naples,
3050 North Horseshoe Drive Naples,
county, state, zip
Collier County, FL
Collier County, FL
code)
34112 and
34104
if there are workplaces on file that are not identified here.
Check
The certification with regard to the drug-free workplace is required by 24 CFR
part 24, subpart F.
7. Definitions of terms in the Nonprocurement Suspension and Debarment
common rule and Drug-Free Workplace common rule apply to this
certification. Grantees' attention is called, in particular, to the
following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 D.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or
State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of
any controlled substance;
"Employee" means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All "direct charge"
employees; (ii) all "indirect charge" employees unless their impact or
involvement is insignificant to the performance of the grant; and (iii)
temporary personnel and consultants who are directly engaged in the
performance of work under the grant and who are on the grantee's payroll.
This definition does not include workers not on the payroll of the grantee
(e.g., volunteers, even if used to meet a matching requirement; consultants
or independent contractors not on the grantee's payroll; or employees of
subrecipients or subcontractors in covered workplaces) .
1..:....... .,"''"\\1 fA ,.,.. _\. :~l
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Collier County Housing and Human Services
Consolidated Annual Action Plan Process
Program Year 2008-2009
Date
Oct 16-31,2007
Oct - Nov 30, 2007
October 23, 2007
October 24, 2007
December 3, 2007
Dec 3, 2007- Jan 11, 2008
January, 2008
February, 2008
February, 2008
March 13, 2008
March 14, 2008
March 28, 2008
April 14, 2008
April 22, 2008
April 22 ,2008
May 15, 2008
June, 2008
July 1, 2008
ActionlEvent
Staff Updates Applications, Applications Available Online and Via Emai111/112007
Technical Assistance Workshop and One on One Counseling Available
Grant Application Workshop @ Horseshoe Drive
Grant Application Workshop @ Immokalee
Grant Applications Due
Staff Review, Evaluation, and Preliminary Scoring of Applications
Preliminary Scoring and Cure Period.
Announce Final Scoring and Ranking of Grant Applications.
Prepare Annual Action Plan.
Draft Annual Action Plan, Affordable Hsg Com, 1st Public Hearing
Annual Action Plan 30 Day Public Comment Period Begins.
Public Meeting on Draft Action Plan, Public Input.
Annual Action Plan 30 Day Public Comment Period ENDs.
Annual Action Plan, BCC Approval, 2nd Public Hearing.
Reprogramming BCC Approval, Public Hearing.
Annual Action Plan DUE to HUD.
Agreements to BCC for Approval.
2008 Entitlement Funding Becomes Available.
COLLIER COUNTY, FLORIDA
HUD Consolidated Plan
Citizen Participation
. IDA 111I'
(E)
EQUo!IL HOUSltlG
')PPORTUNIT\'
Collier County is developing a One Year Action Plan as part of the 5- Year Consolidated Plan (CP) required by the U.S.
Department of Housing and Urban Development (HUD). The 5- Year Consolidated Plan guides housing and non-housing
community activities. The goals of the CP are to: provide decent housing; provide a suitable living environment; and
expand economic opportunities for very low, low and moderate-income persons. The One-Year Action Plan determines
expenditures for activities that will be conducted in the 2008-2009 program year.
There will be an allocation of approximately $2,324,214 in Community Development Block Grant (CDBG) funds.
Eligible activities include, but are not limited to: acquisition of real property; acquisition, construction, rehabilitation or
installation of public facilities and improvements; clearance/demolition, and provision of public services in accordance
with 24 CFR S 570. Approximately 100% of the total allocation will benefit low and moderate-income persons.
There will be an allocation of approximately $664,349 in HOME funds to expand the supply of decent, affordable housing
for low and very low-income families. HOME funds must be used for housing programs that meet local needs and
priorities. Eligible activities include rehabilitation of owner-occupied homes, tenant-based rental assistance, and down
payment assistance. Approximately 100% of the total allocation will benefit low and very-low income persons.
There will be an allocation of approximately $5,621 in American Dream Downpayment Initiative (ADDI) funds, a new
component of the HOME program, to assist low-income families with downpayment and closing costs. ADDI funds must
be used to assist those that have annual incomes not exceeding eighty percent (80%) of area median income. The program
is specifically targeted to first-time homebuyers and minority groups. Approximately 100% of the total allocation will
benefit low and moderate-income persons.
There will be an allocation of approximately $95,197 in Emergency Shelter Grant (ESG) funds for facilities for homeless
individuals and families, to operate these facilities and provide essential social services, and for prevention activities.
Potential activities include Emergency Shelter rehabilitation, renovation or conversion; essential services to homeless
families and individuals; shelter and transitional housing operational costs; and homeless prevention activities.
Approximately 100% of the total allocation will benefit homeless individuals and families.
The proposed One Year Action Plan for fiscal year 2008-2009 includes the following activities:
Fun Time Demolition Building Removal
Habitat for Humanity Regal Acres
Empowerment Alliance Esperanza Place
CDBG Planning & Administration
City of Naples
City of Marco Island
CDBG Contingency
PLAN Expansion
Youth Haven Caring for Families
Immokalee Non-Profit Facility Manager
Shelter for Abuse Women & Children Shelter Operations
Collier County Housing and Human Services Senior Program
Collier County Housing Development Corp CHDO Set-Aside
CHDO Set-Aside
Lane Mark [nvestments Esperanza Town Homes
HOME Administration
HOME Single Family Rehabilitation
American Dream Downpayment Initiative
ESG Saint Matthews Housing Operations
ESG Administration
$ 25,000
$ 900,000
S 400,000
$ 464,843
$ 111,802
$ 72,231
$ 1,706
$ 40,000
$ 100,000
$ 30,000
$ 78,632
$ 100,000
$ 36,000
$ 63,653
$ 246,000
$ 66,435
$ 252,261
$ 5,621
$ 92,817
$ 2,380
$ 3.089,381
TOTAL
lOA
lI'
Public Comment Period
There will be a public comment period from March 14, 2008 to April 14, 2008 regarding the One Year Action Plan.
During this period, the draft Plan will be available for review in all County's public libraries, at the Public Information
Desk in the Harmon Turner Building on the Collier County Government Main Campus, and in the Housing & Human
Services Department office located at 3050 N. Horseshoe Drive, Suite 110, Naples, Florida 34104. The document is
available in a format accessible to persons with disabilities upon request (239-252-6468). All written cormnents from
citizens will be considered in preparing the final Consolidated Plan One Year Action Plan FY 2008-2009.
The County will respond to all written cormnents in writing, within 15 days of receipt.
Next Step
A public meeting to take input on the draft Action Plan will be held on Friday, March 28, 2008 at 1 :30 p.m. at 2800 N.
Horseshoe Drive, Suite 610, Room 609.
Final Action
Adoption of the One Year Action Plan (FY 2008-2009) is scheduled for April 22, 2008 at a regular meeting of the Board
of County Commissioners. If you require special aid or services as addressed in the Americans with Disabilities Act or
require someone to translate or sign, please contact the Housing and Human Services office at (239) 252-6468, no later
than two (2) days prior to the Public Hearing date. For additional information contact Margo Castorena at (239) 252-2912
or MargoCastorena@colliergov.net.
NON staff:
Please publish one time on Thursday, March 13, 2008 and provide proof of publication to Collier County Housing and
Human Services 3050 North Horseshoe Drive Naples, Suite 110, FL 34104.
For questions please call Margo Castorena 252-2912
~-"~
CONDADO DE COLLIER, FLORIDA
Participaci6n del Ciudadano
Plan de Acci6n de un Ario
Departamento de Vivienda y Desarrollo Urbano (HUD)
E\~IJ~L H(IUSltiG
I)F'PI)RTUtiIT'l'
El condado de Collier esta desarrollando un Plan de Accion de un Aiio cual resume los gastos de Los fondos federales que
se utiLizaran para llevar a cabo actividades del programa del ano fiscaL 2008-2009 de acuerdo aL PLan ConsoLidado de 5
Aiios (Consolidated Plan - CP), Las metas deL PLan ConsoLidado son desarroLlar comunidades urbanas viables mediante
la provision de viviendas decentes y un entomo de vida apropiado, y mediante la expansion de oportunidades economicas,
principalmente para personas de ingresos muy bajos, bajos y moderados.
Habra una asignacion de aproximadamente $2,324,214 en fondos deL Programa de Desarrollo de La Comunidad (CDBG).
Las actividades elegibles incLuyen, pero no son limitadas a: la adquisicion de inmuebles, construccion, rehabilitacion 0
instalaciones publicas y mejoras, reubicacion y demolicion, y provision de servicios publicos de acuerdo a1 Codigo de
ReguLaciones Federales, 24 CFR S 570. Aproximadamente 100% de la asignacion beneficiara a personas de ingresos
bajos y moderados.
Habra una asignacion de aproximadamente $664,349 en fondos deL Programa de Asociacion para Inversiones en Vivienda
(HOME), para expandir la reserva de viviendas decentes y a precios razonabLes, para familias de ingresos bajos y muy
bajos. Los fondos de HOME deben utilizarse para programas de vivienda. Las actividades elegibles incLuyen
construccion de viviendas, rehabiLitacion de viviendas ocupadas, asistencia de renta para eL inquiLino, y asistencia con el
pago inicial. Aproximadamente 100% deL totaL de 1a asignacion beneficiara a personas de ingresos bajos y muy bajos.
Habra una asignacion de aproximadamente $5,62 L en fondos deL programa Iniciativa para el Pago [nidal del Sueno
Americano (ADD!) para ayudar alas familias de bajos ingresos con los costos de cierre y el pago inicial. Los fondos de
ADD! deben utilizarse para asistir a personas que tienen ingresos anuaLes que no excedan eL ochenta por dento (80%) de
Los ingresos promedio del area, El programa es especificamente destinado para compradores de vivienda por primera vez
y grupos de minoria. Aproximadamente 100% deL total de La asignacion beneficiara a personas de ingresos bajos y
moderados.
Habra una asignacion de aproximadamente $95,197 en fondos del programa de Refugio de Emergencia (ESG) para asistir
a personas y famiLias sin hogar a traves de la operacion de refugios de emergencia y la provision de servicios sociales
esenciaLes, y para actividades de prevencion. Actividades posibLes incLuyen rehabiLitacion y renovacion de refugios de
emergencias, servicios esenciaLes a familias e individuos sin hogar, costos de operacion de refugios de emergencias y Los
de Vivienda de Transicion, y actividades para prevenir carencia de hogar. Aproximadamente 100% deL totaL de La
asignacion beneficiani a personas y famiLias sin hogares.
EL propuesto Plan de Accion de Un Aiio para el ano fiscaL 2008-2009 incLuye Las siguientes actividades:
Demolicion y Retiro deL edificio - Fun Time $
Habitat for Humanity Regal Acres $
Empowerment Alliance Esperanza PLace $
PLanificacion y Administracion deL Programa CDBG $
Ciudad de Naples $
Ciudad de Marco [sLand $
Contingencia (CDBG) $
Expansion de PLAN $
Cuidando a Familias - Youth Haven $
[mmokalee Non-Profit Facility Manager $
Administracion del Refugio - Shelterfor Ahuse Women & Children $
Programa para Ancianos - Collier County Hot/sing and Human Services $
CoLLier County Housing DeveLopment Corp CHDO Set-Aside $
CHDO Set-Aside $
Lane Mark Investments Esperanza Town Homes $
Administracion del Programa HOME $
Asistencia de Rehabilitacion de Viviendas (HOME) $
Programa Iniciativa para eL Pago [niciaL del Sueno Americano $
25,000
900,000
400,000
464,843
111,802
72,23 L
1,706
40,000
L 00,000
30,000
78,632
100,000
36,000
63,653
246,000
66,435
252,261
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Administracion de St. Matthews House (ESG)
Administracion del Programa ESG
$ 92,817
$ 2,380
TOTAL
$ 3.089,38 L
Periodo de Comentario Publico
Habnl un periodo para comentarios des de el 14 de Marzo hasta el 14 de Abril del 2008 con respecto al Plan de Accion de
Un Afio. Durante este periodo, El Plan de Accion de Un Afio estanl disponible en todas las bibliotecas del Condado de
Collier, en la Oficina de Informacion Publica que se encuentra en el editicio Harmon Turner que esta situado en el 3301
E. Tamiami Trail; como tambien en el Departamento de Vivienda y Servicios Humanos, localizado en el 3050 N.
Horseshoe Drive, Suite 110, Naples, FL 34104 y en la direccion electronica (website) del Condado de Collier. El Plan de
Accion de Un Afio esta disponible en forma accesible para personas incapacitadas de ser solicitado llamando al (239) 252-
6468. Todos los comentarios sometidos por escrito del publico seran considerados para preparar la Enmienda del Plan de
Acci6n de Un Ano. Los comentarios sometidos por escrito del publico deben recibirse antes del dia Lunes, 16 de Abril
del 2008 alas 9:00 a.m. El Condado respondera a todos los comentarios sometidos por escrito del publico tambien por
escrito, dentro de 15 dias de haber sido recibidos.
El Proximo Paso
Una junta publica se llevara a cabo en el edificio de Desarrollo de la Comunidad y Servicios Ambientales (Community
Development and Environmental Services) eL Viemes, 28 de Marzo del 2008 a la 1 :30 p.m. con el objetivo de obtener
comentarios del publico con respecto al Plan de Accion de Un Afio. El edificio esta situado en el 2800 N. Horseshoe
Dri ve, Cuarto 609.
Accion
La adopcion del Plan de Accion de Un Aiio (Afio Fiscal 2008-2009) esta planificada para el 22 de Abril del 2008 en la
junta regular de los Comisionados del Condado de Collier (Board of County Commissioners). Si usted requiere asistencia
especial 0 servicios ofrecidos como los que especiflca el Acta de Americanos con Incapacidades (Americans with
Disabilities Act), 0 si requiere que alguien Ie traduzca en su idioma 0 lenguaje por seiias, por favor llame al Departamento
de Vivienda y Servicios Humanos (Housing and Human Services) al (239) 252-6468 por 10 menos dos (2) dias antes de la
fecha de lajunta publica. Para mas informacion par favor llame a Margo Castorena al (239) 252-29120 enviele un correo
electronico a MargoCastorenatCV,colliergov.net.
lnunokalee Bulletin Staff:
Please publish in English and Spanish one time on Thursday, March 13, 2008 and provide proof of publication to Collier
County Housing & Human Services 3050 N. Horseshoe Drive, Suite 1 LO, Naples, FL 34104.
For questions, please call Margo Castorena at 252-2912 or email MargoCastorenara>colliergov.net
10 Af'lll
PUBLIC COMMENTS
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FL 341l0-S720
Marcy Krumbine, Director
Collier County Housing and Human Service
3301 East Tamiami Trail, Building H
Naples, FL 34112
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Carol S. Yatll, GRI
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2336 Immokalee Road
Naples. Fl3411 0-1414
Office: (239)594-3111 x19
Residence: (239)513-9113
Toll Free: (800)956-83~O xt9
Fax: (239)597-3150
E-mail: cyates@erafaust.com
Web site: www.erafaust.com
GI Each ERA- OfficllllndllplOdlntl., Owned and Opeflud
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COLLIER COUNTY
HOUSING AND HUMAN SERVICES DE PART lVI E NT
DIVISION OF PUBLIC SERVICES
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Affordable Housing · Federal Grants · RSVP · Services for Seniors
· Social Services ·
April 8, 2008
Collier County Housing and Human Services
3050 N. Horseshoe Drive
Naples, FL 34104
Ms. Carol Yates
188 Sharwood Drive
Naples, FL 34110
Dear Ms. Yates,
Thank you for 'your recent letter regarding the FY2008-2009 Action Plan and your
creative solutions to create more affordable housing in Collier County. Housing and
Human Services (H&HS) is currently investigating whether it can create an inventory of
homes for rehabilitation under HUD guidelines to create affordable housing stocks in
Collier C.PJ.YJ..~,,~ 'C.
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While your ideas are indeed innovative, unfortunately, we have already finalized the
application process for the FY2008-2009 cycle. Our annual Request for Applications for
Funding notice was issued Fall of2007 and application period closed in December of
2007. I invite you to submit an application for funding in the coming FY2009-2010 cycle
which will open in Fall 2008.
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Please be advised your comments will be included in the Public Comments Section of the
FY2008-2009 Action Plan which will be presented to the Collier County Board of
Commissioners on April 22, 2008.
Should you have any questions regarding the application process, or require technical
assistance with your application please contact Margo Castorena, Grants Manager at
(239) 252-2912.
Sincerely,
4 Krombin ~ <..-...fJ
Director
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PUBLIC MEETING FOR COLLIER COUNTY ACTION PLAN 2008-2009
March 28, 2008
I. In 2007 the Collier County Hunger and Homeless Coalition initiated a new program to assist individuals
and families at-risk of homelessness. The Partnership for Prevention Initiative is a collaborative proiect
between the Coalition and local social service agencies. The proiect provides much needed rental
assistance and supportive services in Collier County for clients ak'isk of homelessness. I ask that the
Prevention Initiative be included in the Homeless section of the Action Plan.
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II. The number one priority that emeraed from the 2008 Gap Analy~rs conducted by the C. C. Hunaer and
Homeless Coalition was Affordable Housing or Rental subsidies. The Coalition would like the Action Plan
to include TBRA fundina to respond to this critical need in our Countv~
....
III. Collier County Hunaer and Homeless Coalition submitted a proposal for CDBG fundina for the
Homeless Manaaement Information System. (HMIS) proiect. We scored 80 out of a possible 120 points
initially. We then submitted a response to the one item of information that was reauested to raise our score
durina the cure period. The Coalition received a denial letter statina aaain that we scored 80 out of 120
points and the letter suaaested that I work with staff in developing a more competitive application because
technical assistance is always available. My concern is that I did schedule an appointment with the County
for assistance with our CDBG proposal. but when I arrived, I was told that the technical assistance staff had
resianed earlier that day. Our oraanization did not receive the services noted in the letter from Collier
County Housina and Human Services.
If you would like a written reply to your comment or question, please complete the following:
SUBMITTED BY: Debra Mahrt Executive Director: Collier County Hune:er and
Homeless Coalition
ADDRESS: 279 Airport Rd. S.. Naples Florida. 34104
PHONE NUMBER:
239-253-3449
COLLIER COUNTY
HOUSING AND HUl\'IAN SERVICES DEPARTMENT
DIVISION OF PUBLIC SERVICES
lOA 111
April 14, 2008
Affordable Housing · Federal Grants · RSVP · Services for Seniors
· Social Services ·
Ms. Debra Mahr
Executive Director
Collier County Hunger and
Homeless Coalition
279 Airport Road, South
Naples, FL 34104
Dear Ms. Mahr,
~ you for your input for the FY2008-2009 Action Plan. Responses to your specific
que~tions/comments are as follows: - .
.1. The information you provided on 3/ I 0/08 to staff did mention the Partnership in
Prevention Initiative however it was not included in the Action Plan because no
specific outcomes/accomplishments of the Partnership were listed in your
correspondence.
2. The Collier County Housing Authority (CCRA) Request for TBRA funding was
considered by the selection committee, however due to their inability to provide
match funding for their requested project, they were not funded. Please note that
CCHA has still not expended their FY2006-2007 and FY2007-2008 TBRA
funding, and will be able to apply in the new cycle which will be announced this
Fall.
3. H&HS staff conducted Technical Assistance Workshops in Naples on
October 23, 2007 and in Immokalee on October 24,2007. While I regret you
were unable to speak to the person with whom you had an appointment,
Ms. Sandra Marrero did speak with you and reviewed your application. Staff
is available to answer questions and give general guidance on the grants process,
but are not responsible for the overall quality of an application. HMIS did receive
coe funding in the amount of$102,153 and a Challenge Grant in the amount
of $65,000.
Your comments will be included in the FY2008-2009 Action Plan in the Public
Comments section. Should you have any questions regarding the information contained
in this memo rand , please contact Margo Castorena at (239) 252..2912.
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Director
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April 10, 2008
Chairman Tom Henning
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
SUBJECT: Public Comment on draft 2008-2009 HUD One-Year Action Plan
Dear Commissioner Henning:
The Housing and Human Services Department has recently prepared a HUD One-Vear Action
Plan which the BCC will review on April 22, 2008. This HUD required document has very
specific requirements regarding the importance of soliciting and encouraging public input. The
document must be made available to the public for a 30-day review and comment period. HUD
encourages communities to make the Action Plan, Consolidated Plan, CAPER and other
documents available to citizens through a variety of avenues.
I was infonned by an acquaintance that there would be a public meeting on March 28, 2008 to
discuss the draft One-Year Action Plan. I attended the meeting but the staff did not have
copies of the draft plan to distribute to the public. I asked if the Action Plan was available on
the County's website as I had not been able to locate the document on line. Staff indicated that
they would place the Action Plan on line. However, as recently as April 7, 2008 the document
was not available on line. I was told today, April 10th, that the draft 2008-2009 Action Plan was
now online. Unfortunately, the 30-day public comment period ends on April 14, 2008 so some
concerned residents have not had sufficient time to review the draft plan. The plan should have
been placed on-line in early March when it was presented to the Affordable Housing
Commission. In addition, communication regarding the draft plan availability and publiC
comment period should be shared with local non-profit, social service organizations such as the
Collier County Hunger & Homeless Coalition and the Immokalee Interagency.
HUD encourages local jurisdictions to support and nurture small, local grassroots organizations
that can assist the community in addressing the needs of the very low to low income residents.
Collier County has historically focused its efforts on a wide range of affordable housing
initiatives including new housing construction, housing rehabilitation and temporary rental
assistance known as TBRA. This year's draft Action Plan continues the focus on housing
initiatives with the exception of the Tenant Based Rental Assistance Program (TBRA) which the
staff has not r.ecommended for funding. TBRA is a program that has been identified by local
social service agencies as a much needed service for very low income, special needs and at-
risk citizens.
I have had a limited amount of time tonight to review the draft document but have identified
some items that I believe County staff should clarify before submittal to HUD.
. The Habitat for Humanity project sheet shows a CDBG grant award of $441,894 which does
not match the $900,000 allocation on page 4.
. The Lane Mark Townhomes at Esperanza project sheet shows its location as Immokalee
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but it is proposed for construction in southeast Naples.
. There is no project information sheet for the HOME CHDO set-aside of $99,653.
. There is no project information sheet for the $100,000 for Collier County Housing & Human
Services Senior program.
. The County's housing rehab program project sheet indicates that they will utilize $252,261
in HOME funds to rehab five (5) dwelling units. This is housing rehabilitation of over
$50,000 per home which seems excessive. Is this an error?
. I am sure that staff will be able to correct and clarify the issues addressed above prior to their
presentation to the BCC and submittal to HUD. I would encourage the County to identify
multiple methods of communicating the availability of the Action Plan, Consolidated Plan,
CAPER and other documents in order to ensure that citizens have the minimum required time
to review draft documents and provide public comment. Full utilization should be Q1ade of the
County's website, em ail distribution lists, County Channel 11 and other methods to reach
interested residents.
Thank you for the opportunity to provide comment on this draft document.
Sincerely,
~~
Susan Golden
2264 Clipper Way
Naples, FL 34104
cc: Marcy Krumbine, Director
M8f~ .Ca6tcwen&
Shawn Tan
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MEMORANDUM
TO:
Apri115,2008
Jim Mudd, County Manager /
David Weigel, County Attorney
RECEiVED
OFF!CE OF THE COUNTY MANAGER
DATE:
ACTION
FROM:
Tom Henning, Chairman
Commissioner, District 3
RE:
2008-2009 HUD One- Year Action Plan
Attached to this memorandum please fmd a copy of a letter dated April 10, 2008 from
Susan Golden regarding the 2008-2009 HUD One-Year Action Plan.
Ms. Golden is expressing concern regarding the lack of availability to review the plan
prior to the comment period ending on Aprill4, 2008.
Please review Ms. Golden's concern and respond to her with a courtesy copy to me.
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Tom Henning, Chairm
Commissioner, Distri 3
TH:sf
Attachment
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COllIER COUN1Y MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34111 · (239) 774-8383 · FAX (239) 774-4010
April 15,2008
Ms. Susan Golden
2264 Clipper Way
Naples, FL 34104
Dear Ms. Golden:
Thank you for your input for the FY 2008-2009 Action Plan. In this response I am
assuming that you are familiar with the programs and the acronyms because I believe that
you are the previous County employee that was in charge ofthis program for the
County. I also want to thank you for bringing these items to the County's attention so
; that all effort!? ~an"be made.to roak;c;:, sw-e this important program gets executed precisely
and correctly.
Responses to your specific questions are outlined below:
1. The FY 2008-2009 Draft Action Plan was distributed at the Affordable Housing
Commission meeting on March 14, 2008, and made available to the public at all
Collier County libraries and at the offices of The Housing and Human Services
Department at that time. On March 13, 2008, ~.a~.ann~>uncing the plan was
published in the Immokalee Bulletin in both English and Spanish. An ad for the
Action Plan was also published in the Naples Daily News on March 12, 2008. As
outlined in the Collier County 5-Year Strategic Plan, the Action Plan was also
posted to the county's web site during the public participation period. Twenty-three
(23) copies of the Draft Action Plan were distributed to citizens and non-profit
agencies who requested them during the comment period.
2. The ProJect Selection Committee did consider Collier County Housing Authority's
(CCRA) request for TBRA funding. However, their project was not funded due to
CCHA's inability to provide match funding for their project. This issue was
addressed during the cure period. In the meanwhile, H&HS expects CCHA to fully
expend their FY2006-2007 funding and begin use of their FY2007-2008 TBRA
funding. CCRA will be also able to reapply for federal funding in the new
application cycle which will begin this Fall.'
3. The H&HS Senior Services projectinformation sheet follows at the project sheet
for the Shelter for Abused Women and Children at CD08-12.
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4. The $99,653 CHDO Set Aside was subsequently awarded to the Empowerment
Alliance of Southwest Florida and will be included in the final draft to the BCC.
5. Corrections as to the location of Lane Mark Townhouses at Esperanza Place had
already been made in other drafts,
6. Correction to the project sheet for Habitat for Humanity had already been made to
reflect $900,000 in CDBG funding.
7. The $252,261 in HOME funds for housing rehabilitation is for a minimum of 5
homes, but the exact number of homes and funding per house will not be
determined until actual rehab projects are identified. H&HS staff would rather be
conservative in the number of houses they will be able to rehabilitate than overstate
their estimates.
8. H&HS staff have utilized methods to inform the public of the Action Plan
comment period which are consistent with legal notices posted by the County and
with the Citizen Participation Plan adopted by the Board of County
_ Commissioners. .
Your comments will be included in the FY 2008-2009 Action Plan in the Public
Comments section as outlined in The Collier County 5- Y ear Consolidated Plan. Should
you have any questions regarding the information contained in this memorandum, please
contact Margo Castorena at (239) 252-2912.
'~
James V. Mudd
County Manager
cc: Board of County Commissioners
Marla Ramsey, Public Services Administrator
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April II, 2008
Re: One-year Action Plan FY 2008-2009
Dear Board of Commissioners:
When the 5-Year (2006-2010) Consolidated Plan was adopted by the Board of County Commis~ioners it
set forth the county's affordable housing and community development five-year funding objectives,
which evolved from the needs that were identified through the critical affordable housing issues the
county was facing and through the citizen participation process. Two objectives id~ntified as high
priorities were the "working poor" families making below 50% of the median income and the homeless,
both which were also priorities in the two subsequent annual plans (2006-07 and 2007-08).
Collier County is a member of the Collier County Hunger & Homeless Coalition (CCHHC) and is the
lead agency for the Continuum of Care (CoC). As a member the county contributed to the development
of the Coe's 10-year plan and objectives to end chronic homelessness and move families and individuals
to permanent housing. One of the local action steps was to increase the number of Tenant Based Rental
Assistance (TBRA) vouchers. In the 2008 Gap, Analysis conducted by the CCHHC the number one
priority was affordable housing or rental subsidies.
My comments are focused on the following three issues:
(1.) N~ provision for providing rental subsidies for the homeless individuals/families.
In December 2007, the Public Housing Authority (PHA) submitted an application for HOME
funding for the continuation of the TBRA program. We scored a preliminary score of 103 points
out of a possible 120. The application deficiency noted was the lack of a total 25% non-federal
funds match. In all my review of HUD regulations it clearly states that the local participating
jurisdiction is the entity required to provide the 25% match. In fact, the required match has
been provided utilizing the state SHIP funds as the local HOME match. This is stated in the 5-
year consolidated plan and subsequent one year action plans. However, with the limited
funding resources available it is clearly understood why Collier County has made a matching
contribution part of the evaluation criteria for funding requests. The maximum points that an
applicant may receive for providing a match are 20 points. The evaluation procedures do not
specify that an agency will not be funded if a matching contribution is not provided. As a
government agency the PHA does not have unrestricted funds to provide a maximum match
contribution. In the application it states... "All applicants are encouraged to provide a matching
and/or leverage funds. Match/leverage will impact the application.,." For the PHA applications that
Collier COllllty Ilousillg Authority . I~OO Faml Worker Way . Immokalee, Floriua }1t42 . (239) 657-3649 . Et\,X (239) 657-7232
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were submitted in past cycles, a match contribution has been made using the value of office
space and the expenses associated to the administration of the TBRA Program. The available
funds that could be used towards this initiative are Section 8 reserves, which are federal funds
and cannot be counted as match? Since SHIP funds have' always been used for the required local
match the agencies were not penalized in terms of not receiving funding for not providing a full
25% match, instead it impacted their scoring which funding awards were based. The concept of
using SHIP funds as the local required match is acceptable and is used by other local
participating jurisdictions, Le., Orange County, who contracts out their TBRA program.
(2.) The process of funding awards.
I will need to provide some history so there is a good understanding of my concern.
In 2003, the PHA was approached to administer the county's pilot TBRA Program, modeling the
Section 8 Housing Choice Voucher (HVC) Program, to specifically target the homeless and
nearly homeless population in the county and to meet the objectives of the previous 5-year plan
(2001-2005). Advantages of the partnership were that the PHA had the infrastructure to run and
manage this type of program; are familiar with the regulations, we are experienced in screening
eligibility using HUD income limits and conducting re-certifications and housing quality
inspections and an established relationship with local landlords county-wide. This did not
prohibit the County from contracting with other agencies to provide this service.
For the 2004-2005 funding allocation the PHA was asked to competitively apply for the
HOME funds. Due to the critical need for this type of rental assistance we have submitted an
application each year for the continuation of the TBRA Program despite the challenges. From
2004 to October 2007, a total of 74 homeless individuals/families have been served; 3 in
Immokalee and 71 in other parts of the county. Projects that have closed out have received good
reports. Open projects are the result of the program flexibility in providing rental subsidy for
eligible individual households for two years. The PHA is not permitted to spend new funding
allocations concurrently until the previous funding allocation is spent, which can be two years or
more depending on the turnover of participants.
In the preliminary scores released of the 23 applications received this funding cycle, the PHA
scored higher than 16 of the applications. Several of the lower scoring applications received
funding. Even if the PHA application lost points for not providing a full match, we scored high
enough to receive funding to continue to assist the homeless.
(3.) Citizen participation.
In previous years the one-year action plan and any notices of public hearings for the .plan have
always been made available and sent directly to the PHA. The collaboration that should exist
between the local jurisdiction and the local PHA is clearly defined in the framework of the plans.
The action plan was presented to the Affordable Housing Commission on March 13, 2008. The
advertised notice was for the commission meeting only. In checking the county website under
news releases of meetings I find no record of when the advertised noticed was published on the
availability of the plan for 30 days for public comment. It is my understanding that a public
meeting was held March 28, 2008 for public comment on the one-year action plan at CDES.
Again, I find no record under news releases of a public meeting on the county website.
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There is a tremendous need for rental subsidies in Collier County for low-income families in Collier
County, evident by the 619 families on the Section 8 Program waiting list. Funding for the Section 8 HCV
Program continues to be questionable each year. So it is with a sincere desire that steps should be taken
to ensure the needs of the working poor and homeless in Collier County are not forgotten.
Thank you for the opportunity to provide comment.
~~
Esmeralda Serrata, PHM
Executive Director
cc: PHA Board of Commissioners
Collier County Board of Commissioners
Collier County Manager
Collier County Housing & Human Services
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COllIER COUNlY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34111 · (239) 774-8383 · FAX (239) 774-4010
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April 16, 2008
Ms. Esmeralda Serrata
Executive Director
Collier County Housing Authority
1800 Farm Worker Way
Immokalee, FL 34142
Dear Ms. Serrata:
Thank you for your input for the FY 2008-2009 Action Plan. Responses to your specific
qllestions are outlined below:
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Your comments regarding match funds for HOME projects have been noted; while SHIP
funds were used in the past; their use was done so improperly and resulted in an audit
finding (2006-07). Any match from the County's SHIP funds would reduce the funding
for another program since these match funds must be segregated. HOME match funds
may be requested of sub-recipients and may be in the form of sweat equity, donations of
cash or property, professional services, equipment or labor. In your response to H&HS'
cure letter you indicated you could contribute nothing for the match.
Currently CCRA still has approximately $170,000 remaining funds from the FY 2006-
2007 cycle and has not began to use $330,000 in FY 2007-2008 funds. Given this current
rate of draw downs, CCHA should be able to apply for FY 2009-2010 funding before
expending all approved funding.
The agendas for both the February 14 and the March 13 Mfordable Housing Commission
Meeting listed the Action Plan as a topic of discussion and were posted in accordance to
public meeting announcement protocol. Copies of the plan were distributed to both ARC
members as weil as the attending public just prior to your leaving the meeting. The FY
2008-2009 Draft Action Plan was distributed at the Affordable Housing Commission
meeting on March 13, 2008, and made available to the public at all Collier County
libraries and at the offices of The Housing and Human Services Department at that time.
On March 13, 2008, an ad announcing the plan was published in the Immokalee Bulletin
in both English and Spanish. An ad for the Action Plan was also published in the Naples
Daily News on March 12,2008. As outlined in the Collier County 5- Year Consolidated
Plan, the Action Plan was also posted to the County's website during the public
participation period. Twenty-three (23) copies of the Draft Action Plan were distributed
to citizens and non-profit agencies who requested them during the comment period.
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Your comments will be included in the FY 2008-2009 Action Plan in the Public
Comments section as outlined in The Collier County 5 Year Consolidated Plan. Should
you have any questions regarding the information contained in this memorandum, please
contact Margo Castorena at (239) 252-2912.
Sincerely,
/-7. -~!~~~
~udd
County Manager
cc: Board of County Commissioners
Marla Ramsey, Public Services Administrator
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RESOLUTION NO. 2008 - ~
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING A FISCAL YEAR 2008-2009
ONE- YEAR ACTION PLAN FOR $3,089,381 FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT
PARTNERSHIPS (HOME), AMERICAN DREAM DOWNPAYMENT
INITIATIVE (ADDI) AND EMERGENCY SHELTER GRANT (ESG)
PROGRAMS, AUTHORIZING REQUIRED HUD CERTIFICA TIONS,
APPROVING EXECUTION OF SUBRECIPIENT AGREEMENTS BY THE
CHAIRMAN OF THE BOARD, AUTHORIZING TRANSMITTAL TO THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development
(hereinafter HUD) requires a Five-Year Consolidated Plan and One-Year Action Plan be
developed and submitted as an application for planning and funding of Community Development
Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream
Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs; and
WHEREAS, the overall goal of the community planning and development programs
covered by this plan is to develop viable communities by providing decent, affordable housing, a
suitable living environment and expanding economic opportunities for low and moderate-income
persons; and
WHEREAS, the Five-Year Consolidated Plan for FY2006-201O was adopted by the
Board of County Commissioners on April 25, 2006, following the Collier County Citizen
Participation Plan, adopted January 9,2001; and
WHEREAS, the FY2008-2009 One- Year Action Plan will serve as a planning
document for Collier County; an application for federal funds under the U. S. Department of
Housing and Urban Development (HUD) formula grant programs; a strategy to be followed in
carrying out the HUD programs; and an action plan that provides a basis for assessing
performances.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners of Collier County approves the FY2008-
2009 One- Year Action Plan for the CDBG, HOME, ADD! and ESG Programs, which is attached
and incorporated herein by reference, and authorizes the Housing and Human Services
Department to transmit the Plan to the proper funding authority and take all necessary actions for
implementation of the CDBG, HOME, ADD! and ESG programs.
Page I of 2
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2. The Chairman of the Board of County Commissioners is authorized to execute
certifications pertaining to the Consolidated Plan and Action Plan on behalf of the County.
3. The One-Year Action Plan sets forth the dollar amounts estimated for each
activity to be funded by the CDBG, HOME, ADDI and ESG Programs. A copy of the proposed
projects, funding and beneficiaries is included in the Executive Summary and incorporated by
reference. Accordingly, the individual Activity's Subrecipient Agreement for all CDBG, HOME
and ESG projects will be subsequently entered into on behalf of Collier County and each such
Agreement is hereby acknowledged as providing for a valid public and County purpose. Based
on these findings, the Chairman of the Board of County Commissioners is authorized to execute
the CDBG, HOME, and ESG Subrecipient Agreements to implement each such Activity, so long
as: I) each such Subrecipient Agreement conforms to the format of the attached blank forms in
the Appendix, adopted and incorporated by reference, and 2) the dollar amount of each Activity
and corresponding Subrecipient Agreement is consistent with targeted areas outlined in the One-
Year Action Plan, referenced above. Should it be necessary to amend any of these Subrecipient
Agreements, such amendment will be in compliance with the requirements set forth in Section
XIV.C of the Purchasing Policy of Collier County and Section IV.C.3 of the Procurement
Administration Procedures, Collier County, Florida.
4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Resolution.
5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a
majority vote of the Board of County Commissioners.
This Resolution adopted this J3 day of Apr,' (
, 2008, after motion,
second and majority vote favoring same.
A TrEST:
DWIGHT E.: J3RCx:K, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
atz ow
nt County Attorney
Page 2 of 2
IDE
Cam bier
Fleischmann
River Park
An thony Park
Revenue
Community Center
Athletics / Schools
Skatepark
(Budget/ Estimate)
$138,500
$407,000
$150,300
.$152.500
$709,800
$ 77,800
Park Operating Cost
(Budget/ Estimated)
Community Center
Rec. Programs, Staff $451,976 $ 971,435 $560,568
Athletics / Schools $ 318,179
Skatepark .$ 175.925
$1,465,539
Repair / Main tenance
& Custodial $ 39,402 $ 45,452 $ 32,219
Ballfield and
Grounds Maintenance $ 36,807 $ 115,160 $ 31,860
Expense Subtotal $528,185 $1,626,151 $624,647
(Budget/ Estimated)
Net ($389,685) ($916,351) ($546,847)
Expense Representations Exclude Capital Expense
Revenue Representations Include Program/Participant Registrations and Facility
Rentals
! ----, -Z ----c... 8
( ./
---
/ 0 t:::
IDE
Cambier
Fleischmann
River Park
An thony Park
Revenue
Community Center
Athletics / Schools
Skatepark
(Budget/Estimate)
$138,500
$407,000
$150,300
.$152,500
$709,800
$ 77,800
Park Operating Cost
(Budget/ Estimated)
Community Center
Rec. Programs, Staff $451,976 $ 971,435 $560,568
Athletics / Schools $ 318,179
Skatepark .$ 175.925
$1,465,539
Repair /Maintenance
& Custodial $ 39,402 $ 45,452 $ 32,219
Ballfield and
Grounds Maintenance $ 36,807 $ 115,160 $ 31,860
Expense Subtotal $528,185 $1,626,151 $624,647
(Budget/ Estimated)
Net ($389,685) ($916,351) ($546,847)
Expense Representations Exclude Capital Expense
Revenue Representations Include Program/Participant Registrations and Facility
Ren tals
I
lqE
!
;timwr ~atu ~ nf ~qtt~
0I.tmmittu un ~lmBJl'uriatbm lOtb .;JwllBtmdur~
;jRv- 21115 ~rn ~ tlIlffuo ~
~~1lAL 2U515
March 14, 2008
WATER REsOURCES DEVELOPMENT Acr OF 2008
MEMIlER REQUESTS FOR WATER RESOURCES PROJEcrS AND STUDIES
Dear Colleague:
On November 8, 2007, the Water Resource. Development Act of 2007 (p.L 11 0-114) was
crulcted into law, This comprehensive water resoutces law authomed projects and studies across
the spectrum of mission. of the U.S. Anny Crup. ofEnginecr. ("Co1p'''),
The Water Resources Development Act CWRDA)') authorizes studies and projects fOJ:
navigation, flood damage reduction. hunicane and stonn damage reduction. shoreline protection,
and environmental restot:atton that are feasible and justified on the basis of ~otps policy and
tegulation. Historically, a WRDA is addressed by Coogtcss every two yeus. This legislation
typically contains study authomations. project authorizations, modificatioIl3 to existing projects, and
program revisions and policy initiatives involving Co.tps activities. However. because WRDA 2007
focused mainly on addressing the backlog of project authorizations, modifications, and studies that
had accumulated since 2000, it is apptopriate that Congress dadop a Water Resources
Development Act of 2008 to address new project studies and authorizations that have arisen over
the past two years.
The Committee on Tr.ausportation and Infrasttucture has created a new process for the
submisuon of ptoject tcquests for the WateJ: Resources Development Act of 2008. The Committee
is in the process of completing an electronic database fat the submission of pr9ject and study
requests that will be available in mid-March. When this new database is operative, the Committee
will be sending out an additional notice, with detailed instructions on what information will be
required, and how to submit fttoject requests and certification forms using the new electronic
system.
The Committee will only considet Member requests for projects or studies that are
submitted to the electronic database and include the app.ropriate certification forms. All project
tequests and Membct certification fottDB should be filed both electronically, and in hard copy to Ms.
Tracy Mosebey, Clerk, Committee on Transportation and Infra.tructure, B-329 Rayburn Hou.e
Office Building, by April 25, 2008. IT yon have any questions, please feel free to contact the
Subcommittee on Watet Resources and Environment Majority staff at 202-225-0060, or Minority
.taff at 202-225-'1360.
With your thoughtful assistance in this process, we can ensure that WRDA 2008 includes
specific water resources development projects of significant importance to the nation.
Sincerely,
~t.~-
James L. Oberstar, M.C.
Chahman
~~h-
John Boo2man, M.C.
Ranking Member
Subcommittee on Water Resources
and Environment
C CJ' I. I ,- I", C (, tJ N ,- Y \/\/,"\'11- 1-, I' ,- 1'/"\ I'\. I 1'v1': NT
lUE
Inorganic Chemicals
Lonlammant Date. 01 MCL Level ~ange
and Unit of sampling Violation Y IN Detected of MCLG MCL Likely Source of Contamination
,- O...n".
Arsenic (ppb) t',roslOn aT natural aeposlts; runoff from
4/05 N 0.22 N/A 10 orchards; run off from glass and electronics
"'""no
Barium (ppm) 4/05 N 0.0016 2 2 Discharge of drilling wastes; discharge from
metal refineries' erosion of natural denosits
broslon at natural depOSits; discharge trom
Fluoride (ppm) Monthly N 0.93 4 4 fertilizer and aluminum factories. Water
2007 additive which promotes strong teeth when at
. ,In,,~lol . '-.n" I 'nn~
Nitrate (as Nitrogen) 5/07 N 0.31 0-0.31 10 10 Runoff from fertilizer use; leaching from septic
{oom' tanks sewaoe' erosion of natural denosits
ulscnarge trom petroleum ana metal rennenes;
Selenium (ppb) 4/05 N 0.50 50 50 emsion of natural deposits; discharge from
Sodium (ppm) 4/05 N 53 32-53 N/A 160 Salt water intrusion, leaching from soil
Thallium (ppb) 4/05 N 0.4 0.3-0.4 0.5 2 Leaching from ore processing sites; discharge
from electronics (rlass and drup factories
Volatile Organic Chemicals
LontamlDaDr lJates or MCL Level Range
and Unit of sampling Violation Y IN Detected of MCU; MCL Likely Source of Contamination
- ,_..~ "- ....-
Carbon tetrachloride 3,5,8,11- N 1.1 ND-I.I 0 3 Discharge from chemical plants and other
(DDb) 2007 industrial activities
Stage 1 DisinfectantJDisinfection By-Product (DIDBP) Parameters
Contaminant and Unit of Dates of MCL Level Range MCU; or MCL or
sampling Violation of Likely Source of Contamination
Measurement (mo.lyr.) v,~ Detected D._n". MRDLG MRDL
Chloramines (ppm) Moothly N 3.8 0.6-5.6 MRDLG MRDL - 4 Water additive used to control
2007 -4 microbes
Haloacetic Acids (five) (HAAS) 1,4.7,8,10,11- N 9.57 ND-32 NA MCL ~ 60 By-product of drinking water
(DDb) 2007 disinfection
TTHM [Total trihalomethanes] 1,4.7,8,10,11- N 16.4 ND-40 NA MCL ~ 80 By-product of drinking water
(nob' 2007 disinfection
Lead and Copper (Tap Water)
-No. of
Contaminant and Unit of Dates of 90th sampling AL
Measurement sampling Al Perttmtile sites MCLG (Attion Likely Source of Contamination
(mo.!yr.) Result exceeding Le\"'e1)
,L ..
CorrOSion of household plumbing systems;
Copper (tap water) (ppm) 11/2005 N 0.0521 0 1.3 1.3 erosion of natural deposits; leaching from
"'"^", .
Lead (tap wster) (ppb) 11/2005 N 1.1 0 0 15 Corrosion of household plumbing systems,
erosion of natural denosits
I
~ 007 f\NNL':\L DHINhlNC W.'\TEI\ Ql :\U r'r HEPOIU
. COLLlEH COUNTY WATER o EPM\l Mr:N r
,
Contaminants that may be
present in source water include:
(A) Microbial contaminants, sucb as viruses and bacteria,
which may come from sewage treatment plants, septic
systems, agricultural livestock operations. and "i1dlife.
(B) Inorganic contaminants, such as salts and metals, which
can he naturally-occurring or result thnTI urban stormwater
runoff, industrial or domestic \vastewater disi.:harges, oil and
gns production, mining, or farming.
(C) Pesticides and herbicides, whicll may come from a vari-
et}' of sources such as agriculture. urban stonnwatcr runntl
and residential uses.
(D) Organic chemical contaminants. including synthetic
and volatile organic chemicals, which are by-products of
industrial processes and petroleum production, and can also
come from gas stations, urban stormwater runoff, and septic
systems_
(E) Radioactive contaminants, which can be naturally occur-
ring or be the result of oil and gas production and mining
activities.
To ensure that tap water is safe to drink, the EPA prescribes
regulations that limit the amount of certain contaminants
in water provided by public water systems. The Food and
Drug Administration (FDA) regulations establish limits lor
contaminants in bottled water, which must provide the same
protection for public health.
Drinking water, including bottled water, may reasonably be
expeckd to contain at least small amounts of some contami-
nants. The presence of eontaminants does not necessarily
indicate that the water poses a health risk. More informa-
tion about contaminants and potential health effeets can tie
obtained by calling the EPA's Safe Drinking Water Hotline at
1-800-426-479 I.
I
Ifprcscnl. ek\'akd levels ofkad ran cause serious health
problems, l.:spcdally for pregnant women and young chil-
dren. Lead in drinking \\aler i~ primarily from materials and
romponcnts associatl'd \\'ilh service linc~ and home plumb-
ing. The Collier County Waler Department is responsible
for providing high quality drinking \vatl'r, hut cannot control
the \'arkty of makrials used in plu11lbing cumponents.
\Vlll'n your \,,/ata has Ik'CIl sitting Cor sc\'cral hour,>. YOll can
minimiJ:c the potential fix lead exposure hy tlushing )Ollf lap
for 30 seconds to 2 minutes before using waleI' for drinking
Of cooking. Ifyotl are concerned ahollllead in y\mr \\ater,
)'Oll may wish to have your water tested. Infol1nation on lead
in drinking \vater. testing methods. and steps YOlll.:an take to
minimi/e exposure is available Irom the Safe Drinking Water
Ilotline (1'100-426-4791) or at ,,\V\V.epa.gov/salewaterilead.
Some people may be more vulnerable to contaminants
in drinking \Vater than the general population. Immuno-
compromised persons such as persons \vith cancer under.
going chemotherapy. persons who have undergone organ
transplants, people with HIV/AIDS or other immune system
disorders, some elderly, and infants can be particularly at
risk Irom inlections. These people should seek advice about
drinking water IrOlD their health care providers. EPA/CDC
guidelines on appropriate means to lessen thc risk of infec-
tion by Cryptosporidium and other microbiological contami-
nants are available from the Safe Drinking Water Hotlinc
1800-426-4791 ).
How Hard is My Water?
Gcneral guidelines It)r c1assitication of the hardness of water
are: 0 to 60 mg/L (milligrams per liter) of hardness is classi-
lied as sott water: 61 to 120 mg;L as moderately hard vvater:
121 to 180 mg/L as hard \Vater: and more than 180 mgi L as
very hard v."aler. The range ofhurdncss of\valcr ddiven:d to
your home by the Collier County Water Department in 2007
\vas 20 to 61 mgi L. or J.2 In 3.6 grains per gallon, with an
clvcrugc- hardncs~ of 34 l11g/L.
12007 ANNUAL DRINKING WATER OUALlTY REPORT
"-
COLUER COUNTY WATER DEPARTMENT
, "
~~l"",
Definitions
11l1he lahk- hl..'I\\\\, YliU Illd)- linu unl'allliliar term..; and ahI1rl'-
,iJl\()]1'-; I'n heIr) Oll hetter 11lH.krst.llld tlh.:~t: term." \\C'\l:
[Hl)\ Ided the I,)llo\\ill:; definitions'
\1:nimurH Contaminant Level or l\)( 'I.: rhe higl1L'St k\L'l
qra l'l\IlLllnlllJlll 111.11 i\ all\l\\L'd in drlllh.ill~ \\atn; ~H 'Ls ,ll"l'
....d;l\ ...:Iosi..' to rbl' \I( I( IS as i'i..',lsil)k usin~; lb\.' hl'S! ,\\ ,l!l-
~lhlc 11"1...',ll111l'111 ll'ChIHllllg.:.
\la\illllllll Contaminant Lcvd Coal or \Ieu;: I he 1e,"1
Id'it CllllLlll1ill<ll\( in d!lilkillg \\dtLT 11\..'11)\\ Wllich Ihe!'1..' I.'> no
klll}\\ 11 \ll" ,,'\!1l:\.[cd ri..;\... to 111...,:\1111: 1\lCI(I."'; ;dln\\ 1'1_)[";1 I!larg.in
ill' -';~lrd:.
\dion Lt."c1 (.\1.): rhe CI1l1c..1l1rali()il or a Clllll;\lllilLllll
thctL il' C\Cl'('dcd, trit!gcrs treatmentl)!" llth\.:1" rCl]uirl'lnl..:llh
111,.11 a \\ak'!" ,-,: :,t>.:l11 tlltlsl I'ollu\\.
"N I)" lll~ans not I.kll.:l:tl'd and indil:atl:s that th~ suhslallcc
\\as IHlt 1'1Itllld \1: bhnratol') arulysis.
I"itiall>i\trihutio" Systcm Evaluatio" (InSE): .\11
illlporLlllt part Ill' thl: Stagl:.' ~ l1isinkdioll lJ~produl:ts Rule
(()[1PR 1: tile IDSF is a oll('-tilll~ ",tudy condlh:h:d h> \\akr
,,~.....tl.'llb \I' Ilk-nliry dl"trihutinn s:"klll lllcaliot]s \\i111 hit'-h
l;Olll:cntral illllS or trilla!omclhalll'S \ TII\l" I and l1<l!n,lu,tic
:lcids (II;\.\,,). \Vakrs:"IL'llb \\ill L1SC result" thHlltl1C IDSI
ill cl.llljUlldinll with thl'ir ';tagl: I DBPR cOlllpliallCl' 1ll'lllitor~
in.t; d,lta, to _sekl..,t cOlllplialKe IltonilOrlllg ]oCil1ion" for the
SI:1i!" :' IlIlI'R
par" per million (ppm) or milligrams pcr Liter (mg/L)
onc part b.y \\eight of anal;. k to I million parts hy weight of
the \\ah.:'r sample.
parts per hillion (pl'b) or micrograms per Liter IIlg/L)
nne p:u1 by' \veight of analytc to I hillinn parts by \\eight of
lhe water sample.
picocurie pcr Liter (pei/L) - Illeasure "rthe radioactivity III
water.
Microbiological Organisms
\1",il1111111 I{esidllallli,inr,','(ant Level 0" \lIHlL: rh~
i11~!_hL'"t k'vc-l n!";\ di"illk'Ltlllt ~lllo\\L'd in drinklllg \Vall'r.
IllI..Tl' is COIl\ ilh'lllE2 c\idC!lll..: lkll ~\dditi(ill ;)1' tl dlSillll.'da1\l
is l1L'Cl.."'''':;II'\ jor \,(llltl\)! \11'!llIC!(\\li:ll ulI1Lllllill:Jllh.
\1:l\ill1l1l11 Residual Ilisinrcl'lan( ,,*vel Coal or MRIlLG:
rhl' k'\ r.:l (11';\ d!il1klll~! \\ ,Hcr di'-1l1Il'I...'Ul1t hl..']p\\ \\ hid) tlh.Tl.'
i", no \..1H1\\ll dr L'\pl'ckd rj.,:k tll ill.:;lllh
Contaminant - \11>- ph: "ic~d, ,:Ill'mica\. hiplogical Of
radiologil:al -.:;uh:;I:\IlCl..' in tilL' \\ :111..'1'.
\inlat'ion - ,\ \ ldl:ltioll \lCCIlrS \\11\.'11 de!L'ckd li1llits arc
:2.n:atel' than thc\la.\ilillllll ( OIlUlllill;\llt I_c\eb ill' Adiotl
1_1...'\ ;,:ls ,,\..'1 b.\ tIlL' IP\
90lh Pl'rCl'ntilt - rill' ;lILII~ tiL':t1I'l"..\i1t that is t:rl:a1i..'r than (11'
equallO \)(J'~1l or till' results
['his rl.'port sllo\\s the lcsulh nfl'llI' munitoring lilr the-
period Ill' .Iallllar~ 1 In I k'ccmbcr .11, ~()07. r-l'Jeral and
~t;llc regulations allow llS to Jllonitor ror sol11e contaminants
lcs~ than unce plT :l'~\r hlTilll'-C the concl'l1trations of thi..'~e
cunt<.1l11lnanb d(J llnllhdngl' ltcqUl'lltl). SOII'lC ofnur data
lhollgh rq)t'\.:~l'n(at!\l'.llla} he llhl['l.' lhdll lIne ;.L'ar lIld. I'hl'
LmiwlIllll..'lltal Prukctillll Agl..'IlI...Y (11',\,l rl'qtlircs monitoring
of O\'l'f KO drinking \\:\kr t:'oll{lIlllinanl'i, Those (ontamin<lllL'i
listl'd in Ihe li.lbh.: hL'lo\\ ell'\:: Ihe lllll.> contaminants detl..'dl..:d
in YOllr drll1killg \\ ~lllT
rile suun.:es nf drinking \\<\ter (for hoth lap water and bottled
"\<lter) include ri\,CfS, lakes, streams. ponds, reservoirs,
'iprings. and \\-ells. As water tra'vl:'ls over thl' surft\l':c l\fthc
htlld or through the ground, it dissolves naturally nccllrring
minerals ;md, in soIlle cases. radioactive material, and can
pick up suhstanccs resulting from the presence of animals or
from human activity'.
Contaminant and l:nit of
:\1casllrcnumt
ates II
sampling (mo.!
Violation
Ig est j ont y
~umber of Posilive
VICU; \lCI.
Likel)-' Source of
Cnntaminaliun
Idal Coliform I--lackria
I'vlunthly 2007
t\
o.(}!)~,
during
(O'i()7)
Dr SystCllh ell L'cllllg
<It kast--l-OS<lll1pks 11l'r
o IlHH\lh: pre-sene!.:' llf
coliform hacteria in 5'~'o or
1'\allll'<llly prcscnl
ill lhe !.:'m ironment
Radionuclides
T-uiilcs of , '" l. ! Range ,
Conntminant and rnit i r ! \'iolation I LeHI Detected of \lel.G \lCI. Likely SOllrl'C of Conhlminution
of Measurement I ~~mp,_'~7 H\J . D.....'.., :
.\lpl1a cllliucrs (rei/I.) ~.6-,l,12- ~ :'1.11 )\[)-5_0 11 1:' LnlSi()ll (lfl1<ll\lral deposits
200--
1<,\dIUlll __ yf-__, or ~,6.9.12-
comhilled radium -:':(J05 'J 1.1 ~1J-11 11 ; Lrusioll nfnatllral deposits
'nf';" ,
Uranium (pgiL) .'1.(l,lJ.12- " -L6 N[)--L6 11 10 [nlsioll ofnalural deposits
"OOS
The i\;Ianagement Team of'the Collier County Water
, Departmen t is pleased to present to vou this Annual
. Water Quality Report. This Report is designed to injimn
vou about the high quality water and services that
we deliver TO .1'011 everv day. Our goal is to provide to
.1'011 a safe ond dependable suppll' otdrinking water
- always.
~J//r Water Department is committed to protecting
the health. 5aJetv, and welt are of you andyourfillnilv.
We recognize that you expect the best quality drinking
water at the best price possible. It is 0111' goal to provide
the level of service that you expect, so that YOII don t
ever have to think twice about using vour tap waterji,r
drinking, cooking. bathing. orjin' preparing the baby:~
.jiJrmula.
Important Phone Numbers
If YOll have any questions about this report or your ,,,..ater
service, please contad us at the follo\\.ing numbers:
For questions concerning this report and its conknts, please
call (239) 252-4H20
1':01' question s concerning your \vater service (accoullt
inf(Jrmation, servil..:c requests, hilling inquires), pkasc call:
(239) 252-23XO
/\ssislUIH':C in Spanish is available.
La ayuJa en espalllll est~l disponihk
Source Water for Collier cou~t9 E
The Collier County ~rater S);skm pumps groulH.hvatcr from
three well tklds IOl..:ated in the (Joldcll Gate Estates. The
:\nrth Haw thorn Welllield has 19 \Veils that provide water
to the i\nrth ('nunty Regional \Vater fn:atment Plant. The
South I Ie", thorn Well Field has 19 wells that provide water
to the South Coullty Regional \Vater Treatmenl Plant. The
Uolden (;ale Tamiami Well Field has.14 wells that prO\ide
water to hoth tre~ltlllent plants.
The Florida lkpartmcnt of Environmental Protection
(FDEP) perfornh.d a SOllrct: \Vakr AsseSSIll~llt on the
'iysklll in 2004, This aSSl'ssmcnt was conducted to provide
intiJrmation about :Iny rOlcntial soun:es ('-if cnntalllination in
the vicinity ur the \\'ells, Potential sources of contamination
idcntilled included underground petroleulll storage tanks,
injection wells, and intlustrial \vastc...\'ater treatment plants.
rhe assessment reslIlts are a,ailabk on the FDEP Source
\\later Assessment and Protection Program wchsite at ww\v.
dep.state.tl.us, ,wapI'.
The Collier County Water Department has an extensive and
continuous testing program to routindy monitor for con-
taminants in your drinking water in accord \\ith l~deral and
slatc la\\is, ruks, and regulatioils. Except where indicated
otherwise, this r\?port is hascd Oil the results of Ollr monitur-
ing for the peri~KI or January 1 tu [)cccmbcr J 1, 2007. Data
ohtained bdore Jalluary 1.2007, and presenkd in this report
are from the most n:cent testing done in accon.lance with the
laws, rules, and regulations,
.
OtrH'1 C;ijllrC("i ill !ntolltldliOIl
I !\)I"Hh ! kl,';l!"iilh'ill ,d' I 11\ 1!',!I;I,k'ili:!i \\,'kl_'li'lll
\'" \_\ 'I'. IL'i'. ',[;:1<-' :l.ii"
I I\!\".;j"'l;il-:, \11\ 1!1'!1l1"l'11!:d 11h:!I.'"iiill:
".11,' [l,;:,{,'"'' ,,\. k, iHi;:\,' !'Ii"I.:", {"I{
\ 111\,:11 ;~i ;!~-< 11 ':,lilll:"lli;l! 1~:(>l,,--lh.11 \'~\-"Ih:\
{JlIi
,1 \\,1\' '\" .'1',1
(l\,\
111'_' \:1 '.':
\\ '1 '\
\, ',01. 1,1, 'II '\ \\;!\\ '.\ ,l,I}j'..'
,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 10 F~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original doc.:ument. Original documents should be hand delivered to the Board OtIice. The completed routing slip and original
documents are to be forwarded to the Board Office only !!!k!: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the
exception of the Chairman's siJUlllture. draw a line throul!.h routinl!. lines # I throull.h #4, comnlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) . Office Initials Date
(List in routing order)
1. Frank Ramsey Housing and Human Services ~ Lf/Z3
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filso~ 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, needs to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve tbe
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
"
Phone Num ber
ialist
Agenda Item N urn ber
252-6141
~ lD--F ~
3
N/A (Not
A Hcable)
Administrative plan
Disaster Recover Initiative
Number of Original
Documents Attached
~
1fL
71-
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 ssibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC 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 ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
Tbe doeument was approved by tbe BCC on 4/2211008(enter date) and all cbanges
made during tbe meeting bave been incorporated in tbe attacbed doeument. The
Coun Attorne's Office has reviewed tbe cban es, if a Iicable.
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.
MEMORANDUM
Date:
April 24, 2008
To:
Lisa Oien,
Housing and Human Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Grant Application
Enclosed please find two (2) original documents as referenced above
(Agenda Item #10F), as approved by the Board of County Commissioners on
Tuesday, April 22, 2008.
Please forward a fully executed original to Minutes and Records once all
signatures have been obtained.
If you should have any questions, please call me at 252-7240.
Thank you.
Enclosure (2)
tOr
Collier County
10F
COlliER COUNTY, FLORIDA
DISASTER RECOVERY INITIATIVE
COMMUNITY DEVELOPMENT BLOCK GRANT
SINGLE FAMILY REHAB/REPLACEMENT PROGRAM
ADMINISTRATIVE PLAN
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENTS #07DB-3V-09-21-01-l01 &. #08DB-D3-09-21-01-A03
PREPARED BY THE
COllIER COUNTY HOUSING AND HUMAN SERVICES DEPARTMENT
PUBLIC SERVICES DIVISION
3050 NORTH HORSESHOE DRIVE SUITE 110
(239) 252-4663
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March 2008
Collier County
I" ..'
. 'Or
I.
II.
A.
B.
C
D.
III.
IV.
A.
B.
V.
A.
B.
INTRO D U CTI ON............................................ .................................................................................................... 3
HOUSING REHABILITATION OBJECTIVES AND POLICIES ............................................................... 3
o b j ecti ve s ..................................................................................................................................................... 3
Re ha b i I i tati 0 n Pol i c i es .................................................................................................................................. 3
Identi ficati on of U ni ts ............................... .................................................................................................... 4
Approval of Ranking, and Removal of Units from the Program .................................................................. 5
CON FLICT OF INTEREST ................ ... ..... .................... ................. .......................... .................................... 5
HOUSING REHABILIT A TION FINANCING .. ....................... ............................. ................ ....... ........ ........ 6
Deferred Payment Loans (D PL) .................................................................... ............................. .................. 6
Scope of Rehabi Ii tation Assistance ........................................................ ................................... .................... 7
QUA LI FICA T IONS ........................................................................................................................................ 7
Ge neral .......................................................................................................................................................... 7
House h 0 I d In come ........................................................................................................................................ 7
VI. STR U CTURAL REQUIREMENTS ......... .......................................................................... .......... ..... .......... .... 8
A. Ge n era I.......................................................................................................................................................... 8
B . Structural In te gri ty ........................................................................................................................................ 9
VII. PROCEDURES ....... ..... ...... ........ ..... ...... ................... .................... ........ ..... ................ ........ ....... ........ ....... ..... 9
A. App I icati on and Inspection ............ ............................................................ ........................ ............... ............ 9
B. B i dd ing .. ........ ............................................. ..................................................................... ........................... 10
C. Contracti ng and Rehab i I i tati on .. .......................................... ....................................................................... 10
D. Inspecti on s ................. ... ...................................... .... ............. .............................. ......................................... 10
E. Change Orders...... ............................. .................... ... ................................................................ ........ .......... 10
F. Pa ymen t ... .......... ......................................... ................................... ............................................................. 11
H. F 0 I low - Up..... ........................ ........................ ...... .................... ....... .................... ......................................... 11
VIII. CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION................................... 11
A. Ge n er al........................................................................................................................................................ 11
B . C I e arance ....................................................................... ............................................................................. 12
C. Permanent Rei ocati on/Demo Ii tion Relocation. ...................... ..... ........................ ................ .......... ....... ....... 12
D. Di fferences.... ...................................................... ................................. ........ .................... .......... ................. 12
IX. CONTRA CTOR LISTING... ..... ... ..... ............................ ................................. .................. .......... ........ ....... ..... 13
A. Recru i ti n g ................................................................................................................................................... 13
B . Con tracto rEI i gi b i I i ty .................................................................................................................................. 13
C. D i sq ua I i fi c ati 0 n........................................................................................................................................... 14
X. RELOCA T ION/DISPLA CEMENT........................... ..... ................................... ..................... ....................... 14
XI. APPEALS/COMPLAINTS. ... ..... ... ............................................ ..... ... ............. ..................... .................. ........ 15
XII. PROGRAM INCOME........ ........ ..... ... ... ............. ................. ................ ...... ............................... ....... ........... 15
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I. INTRODUCTION
This manual is a guide for operating the housing rehabilitation/replacement related aspects of
the Collier County Community Disaster Recovery Initiative Development Block Grant
(DRI/CDBG) program. The responsibilities of Collier County, the homeowner, construction
contractor and the Housing Rehabilitation Specialist are specifically addressed in this manual.
The major focus of this manual is on housing rehabilitation, demolition/clearance and
replacement of dwellings. Relocation of households is also covered to a limited extent.
The goal for the DRI/CDBG program is to rehabilitate hurricane impacted substandard units,
harden existing dwellings from future storms and to bring them up to a minimum acceptable
living standard. This standard is the HUD Section 8 Minimum Housing Quality Standards. This
goal will be achieved through the use of DRI/CDBG funds to contract for the required
rehabilitation construction. The rehabilitation units to be assisted shall be owner-occupied.
II. HOUSING REHABILITATION OBJECTIVES AND POLICIES
A. Objectives
The objectives of the Collier County Housing Rehabilitation Program are:
1. To encourage the revitalization of hurricane impacted very low, low (50% AMI or
less) and moderate income (80% AMI or less) neighborhoods through a Housing
Rehabilitation Deferred Payment Loan (DPL) Program.
2. To remove unhealthy or hazardous conditions in hurricane impacted very low, low
and moderate income households.
3. To use DRI/CDBG rehabilitation grant funds as a catalyst to encourage residents of
very low, low and moderate income neighborhoods to improve their community.
4. To preserve existing housing stock, or replacement of substandard housing.
5. To enable hurricane impacted very low, low and moderate income families to
rehabilitate their homes by providing financial and technical assistance to those
unable to obtain private financing.
6. To increase employment and training opportunities for local residents and minority
persons through the provision of funds for the rehabilitation of homes.
7. To make homes accessible to elderly/handicapped occupants as may be required by
code, accessibility requirements and as good judgment may dictate.
B. Rehabilitation Policies
It is the policy of the Collier County Rehabilitation Program to:
I. Assure that the Program is administered in strict conformance with the community
development and rehabilitation rules and all applicable local, state and federal
requirements (including equal opportunity, conflict of interest, etc.)
2. Treat all participating property owners, residents, and contractors fairly, with
sensitivity and respect for their needs, and in accordance with program rules.
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, !'
3. Provide all program participants any reasonable assistance necessary to carry out the
objectives of the program, bearing in mind:
(a) Property owners hold the primary responsibility for maintaining their
property and personal finances,
(b) Contractors are primarily responsible for the quality of their work and
their obligations to suppliers, creditors, subcontractors and employees;
and
(c) Assistance provided must be authorized at the proper level.
4. Assure that no member of the Congress of the United States, or Collier County
Commission shall share in proceeds or benefits of DRI/CDBG funded rehabilitation
work.
5. Allow some flexibility in administering the program in order to meet the program's
goals and objectives of rehabilitating each addressed dwelling to attain HUD Section
8 Minimum Housing Quality Standards and the Florida Building Code. The Collier
County Board of County Commissioners may waive program rules only when the
result will be consistent with established goals and objectives, and applicable federal,
stale or local regulations.
6. Housing rehabilitation will be the first priority, with housing replacement being
addressed when program funds are available
C. Identification of Units
Housing Replacement will take place only on units approved by the Collier County Housing
and Human Services Department and in accordance with grant requirements established by the
State of Florida. Alternate units may be provided to replace any primary units that may become
ineligible. Collier County staff will solicit applications either from other housing assistance
providers that have knowledge of need within Collier County, by placing notices in public areas
throughout Collier County and/or by advertising in publicly circulated publications throughout
the grant period. Collier County will review applications received using the following selection
criteria:
I. Has the recipient previously been furnished assistance and if so, when and under what
circumstances? A former recipient cannot be assisted for five years and should not be
served again until all other eligible recipients have received assistance.
2. Number of persons in the family and the family income.
3. Type of construction (i.e., block, manufactured home, wood frame, etc.), state of
deterioration of the residence and estimated cost to rehabilitate as compared to 1) average
residence cost calculated in the application and 2) the value of the residence after
rehabilitation. Assistance for mobile or manufactured housing will be included in the
program, unless specifically prohibited by local or state regulations.
4. Location of the residence with reference to defined areas, i.e., floodplain, zoning,
incompatible use, etc.
5. Compatibility (consistency) of the proposed residence rehabilitation with the local
comprehensive plan and/or land development regulations.
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6. Is the recipient current on payments to the local government (i.e., garbage/trash bill,
utility bills, taxes, etc.) and mortgage/lien holders?
7. Recipients' willingness to maintain reasonable standard of care and maintenance to
protect and enhance the investment by meeting local nuisance, trash, and other
environmental or health codes.
8. Does the recipient have clear title to the property?
9. Is the structure more than 50 years old? The applicant shall indicate on the application
form whether to his/her knowledge the structure is older than 50 years old. If he/she
answers yes, or if other evidence suggests the structure is more than 50 years old, Collier
County must notify the State Bureau of Historic Preservation and receive written
approval for the rehabilitation. Property appraiser, tax records, or other government
agencies records will be researched to verify the age of the structure.
10. In addition to the above, the following priority ranking in Appendix A shall be strictly
adhered to in the selection of qualifying applicants.
11. This program will not assist in the rehabilitation or replacement of rental
housing structures.
D. Approval of Ranking, and Removal of Units from the Program
The Housing Rehabilitation Specialist and the Project Coordinator shall review and rank the
applications based on the criteria attached as Appendix A. Applications received shall be
considered on a first come, first served basis.
The Housing Rehabilitation Specialist or the Project Coordinator may remove a housing unit
from the program for a change in household income, approved selection criteria, or for not
complying with the minimum qualification procedures. If it is determined that it is necessary to
remove an applicant from the program, a certified letter will be sent to the applicant stating the
reasons for the removal. The applicant will have the right to appeal the decision as identified in
the Citizen Participation Plan.
III. CONFLICT OF INTEREST
Although addressed in other places in this Policy, adherence to rules and regulations on this
matter is mandatory. All applicants that may have a business or familial relationship with a
member of the Collier County Board of County Commissioners, employees of the Collier
County Board of County Commissioners, or participating construction contractors must fully
disclose this relationship on the Application and definitely before a construction contract is
executed. Collier County Department of Housing and Human Services covenants that no person
who presently exercises any functions or responsibilities in connection with the Disaster
Recovery Initiative Rehabilitation Program has any personal financial interest or benefit, direct
or indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Program and that no person having any conflict of interest
shall be employed by or subcontracted by Collier County Housing and Human Services Disaster
Recovery Initiative Rehabilitation Program. Any conflict of interest shall be disclosed in writing.
In the event that a potential or possible conflict of interest is thought to exist, Collier County
Housing and Human Services will confer with the County Attorney's office to determine
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whether further action is necessary. All determinations on this issue will be in accordance with
24 c.F.R. Section 570.489.
IV. HOUSING REHABILITATION FINANCING
The Housing Rehabilitation Program provides financing to homeowners in the form of 100%
Deferred Payment Loans, the amount of which shall include the accepted bid.
A. Deferred Payment Loans (DPL)
Deferred Payment Loans are conditional grants for single family rehabilitation that are
provided to homeowners who are unable or unlikely to obtain conventional financing due to their
income limits. The Deferred Payment Loan (DPL) involves a security instrument (lien) requiring
repayment of the loan only if the homeowner sells or transfers ownership of the rehabilitated
home, ceases to use it as his/her primary residence within five years of the date of the DPL, or
fails to maintain reasonable required standards of care and maintenance. During the five-year
period, the principal is "forgiven' or subtracted from the principal balance in equal monthly
amounts, so that at the end of the fifth year of owner occupancy (by at least one of the recipients
if owned jointly), the loan is fully amortized. There is no interest charged during the five years.
In the event that the sole owner dies or both/all owners die within the five-year loan
period, repayment of the loan will not be required.
Deferred Payment Loans are conditional grants for single family replacement that are
provided to homeowners who are unable or unlikely to obtain conventional financing due to their
income limits. The Deferred Payment Loan (DPL) involves a security instrument (lien) requiring
repayment of the loan only if the homeowner sells or transfers ownership of the rehabilitated
home, ceases to use it as his/her primary residence within ten years of the date of the DPL, or
fails to maintain reasonable required standards of care and maintenance. During the ten-year
period, the principal is "forgiven' or subtracted from the principal balance in equal monthly
amounts, so that at the end of the ten year of owner occupancy (by at least one of the recipients if
owned jointly), the loan is fully amortized. There is no interest charged during the ten years.
In the event that the sole owner dies or both/all owners die within the first five years of
the loan period, repayment of the loan will not be required
If repayment of a DPL becomes due, the prorated principle balance will be due in full
within thirty (30) days of the sale/transfer of ownership or the owner's cessation of primary
residence at the property.
The maximum DPL for an owner-occupied single family dwelling is $50,000 for
rehabilitation and $175,000 for replacement. In the event that necessary cost exceed the
established limits additional fund can be utilized at the discretion of the DRI rehabilitation
specialist
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B. Scope of Rehabilitation Assistance
DRl/CDBG financing of housing rehabilitation is available for the following purposes:
I. Restoration of disaster impacted owner occupied single family homes.
2. Hardening owner occupied homes for future storms.
3 Correcting local housing code (Florida Building Code) and Section 8 standard violations;
4. Providing cost effective energy conservation features;
5. Provide reasonable repairs and modifications to make the dwelling accessible to
handicapped and elderly occupants as necessary and technically feasible; and
6. Correcting health and/or safety violations that may be present, including replacement of
dilapidated or malfunctioning stoves or refrigerators and interim controls or abatement of
lead-based paint hazards;
V. QUALIFICATIONS
A. General
In order for a homeowner to be eligible for rehabilitation assistance, the following criteria
must be met:
I. Total Household income must not exceed the very low, low and moderate limits set
for the HUD Section 8 program at the time assistance is provided.
2. The owner must possess and provide clear title to the property, although it may be
jointly owned and the property may be mortgaged. Providing proof of title and
insurance is an owner responsibility and expense.
3. The owner must reside in the dwelling to be rehabilitated at the time of application.
4. Property tax, mortgage payments and utility bills must be current and ownership
must not be jeopardized by any other threat of foreclosure, default or clouded title.
5. The property must be fully insured for flood insurance, if the home is in the 100-year
flood plain. Flood insurance must remain in effect for the entire period of the
Deferred Payment Loan Agreement. Any unit to be addressed with rehabilitation
funds must be elevated to at least I' above base flood elevation (or to local code)
whichever is greater;
6. All applicants that may have a business or familial relationship with a member of the
Collier County BCC, Housing Rehabilitation Specialist, Program Administrator and
participating construction contractors must fully disclose this relationship at the time
of the application, at the point in time in which the conflict occurs and definitely
before a construction contract is executed.
7. If a boundary survey is required, the owner is responsible for providing necessary
proof or documentation at the owner's expense.
8. Residents and owners of rental property are not eligible to participate in the program.
B. Household Income
The following rules are applicable in determining household income:
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1. The gross income of all household members occupying the dwelling is included in
calculating household income. However, wages earned by dependent minor children
(under 18) are not included in total.
2. Occupants of a dwelling who are not related to or dependent upon the owner(s) are
not considered as part of the owner's household.
3. Rent or other household support contributed by non-household occupants of a
dwelling is included in household income.
4. The owner's assets, with the exception of the home in which he/she resides and
personal property such as an automobile, will be considered in determining
eligibility. The actual annual income from the asset will be calculated as part of the
total household income. Inclusion of such assets, if any, will be in strict accordance
with 24 CFR 813.106 and any current modification thereof.
VI. STRUCTURAL REQUIREMENTS
A. General
In addition to owner eligibility requirements for participation in the DRlfCDBG Housing
Rehabilitation Program, the dwelling must be:
I. Damaged as a result of Hurricane Wilma or
2. Feasible for Hurricane Mitigation/Hardening.
In order for a house to be considered feasible for rehabilitation, proposed construction
must:
a) Correct all violations of the local housing code and Section 8 standards;
b) Provide interim controls or abatement for lead-based paint hazards as required by HUD
and EP A for structures constructed prior to 1978 that will be assisted by the program. All
houses built prior to 1978 will be tested for lead based paint. If lead based paint is found,
interim control procedures will be used for all houses rehabilitated at or below $25,000.
Houses above $25,000 will be rehabilitated using abatement procedures. The occupants will
be notified of the hazards of lead-based paint, the symptoms and treatment of lead poisoning,
how to avoid poisoning, lead level screening requirements and appropriate abatement
procedures;
c) Meet applicable local zoning requirements, as well as local, state and federal housing
code requirements for rehabilitation work;
d) Leave at least 20 % of the original structure based upon the formula provided in this
chapter;
e) Not exceed the program costs noted in this chapter; and the cost of rehabilitating a
housing structure to the value after rehab should never exceed 1: 1.
f) Be made reasonably accessible to handicapped/elderly occupants, when the unit is
occupied by such.
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g) New Construction or substantial improvement of any residential building (or
manufactured home) located within the 100 year flood plain shall have the lowest floor,
including basement elevated no lower than (I) foot above the base flood elevation (or per
local code). Should solid foundation perimeter walls be used to elevate a structure, openings
sufficient to facilitate the unimpeded movements of flood waters shall be provided.
B. Structural Integrity
Rehabilitation requires that at least 20% of the original structure remain after construction,
based upon the following formula. Three (3) major components of the house are considered, with
each component weighted to total 100% of the structural value of the house. These components
and ratios are: roof - 20%, exterior walls - 60%, and flooring system - 20%.
As an illustration, if 50% of the roof must be replaced, 50% of the walls must be replaced and
25 % of the flooring system (including framing) must be replaced. The factors are then ratioed
based on the 20/60/20 formula, so that 50% replacement of the roof is equal to replacing 10% of
the structure, 50% replacement of the exterior walls equals 30% replacement of the structure, and
25 % replacement of the flooring system equals 5 % replacement of the structure. Thus,
replacement equals 10%, plus 30%, plus 5%, or a total of 45% of the structure. This leaves 55 %
of the original structure, indicating that the structure is feasible for rehabilitation.
This calculation will be performed by the Housing Rehabilitation Specialist. Should significant
deterioration occur between application and time the unit is scheduled for rehabilitation, the unit
will be re-evaluated for continued eligibility and a decision made by the Housing Rehabilitation
Specialist whether to replace it with an alternate unit or to request a change in type of
rehabilitation (demolition, permanent relocation, etc.) in accordance with current DCA contract
requirements.
VII. PROCEDURES
A. Application and Inspection
Each property owner who applies for rehabilitation assistance is initially screened to
determine whether he/she is eligible for a 100% Deferred Payment Loan. A preliminary
inspection is then conducted to determine feasibility of rehabilitation.
If either the owner or the structure does not meet eligibility requirements for program
participation, the Housing Rehabilitation Specialist will reject the application. A written rejection
notification will be sent to the owner
If both the owner and the house appear to be eligible for program participation, the
application/verification process continues. A work write-up with cost estimate is developed by
the Housing Rehabilitation Specialist and approved by the property owner. The cost estimate for
the job is considered confidential information until bid opening.
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B. Bidding
Bidding of potential cases is conducted by the Collier County Housing Rehabilitation
Specialist. Owners select at least three licensed contractors. The Housing Rehabilitations
specialist then verifies that the chosen contractors are eligible to bid. The administrator makes
maximum effort to ensure participation by minority contractors.
No housing unit owner, or occupant, or employee or immediate relative of the same, either
personally or corporately, shall serve as a contractor or sub-contractor to be paid with CDBG
funds for the rehabilitation of said building, nor shall they be paid for their own labor with
CDBG funds for the rehabilitation of said building.
A notice is sent to each eligible bidder to inform them of the job. Each contractor must attend a
pre-bid conference held at the house to be rehabilitated, or inspect the house under the owner's
supervISIon.
Sealed bids will be opened at a scheduled bid opening. The Housing Rehabilitation Specialist
will disclose the bids to the homeowner. The homeowner reserves the right to reject any and all
bids and to award in the best interest of the owner. The owner must approve the bid award prior
to signing contracts. The contractor with the lowest bid may not necessarily be selected by the
homeowner.
C. Contracting and Rehabilitation
The rehabilitation contract is executed between the homeowner and the contractor, along with
the Collier County Rehabilitation assistance agreement.
The Notice of Commencement is recorded immediately. The program pays for all project
recording fees.
The Notice to Proceed is issued to the contractor. When temporary relocation of the occupants
is required, the Notice to Proceed will be delayed until the house is vacated. The contract time of
performance (generally 30 - 45 days) begins with issuance of the Notice to Proceed.
D. Inspections
Periodic inspections of the rehabilitation construction are performed by the Collier County
Housing DRI Rehabilitation Specialist throughout the contract period. These inspections are
conducted to assure compliance with the contract standards for workmanship and materials, to
detect any unauthorized deviations and to identify necessary changes to the contract work in its
early stages.
Inspection and approval of completed work must be conducted by the Housing Rehabilitation
Specialist prior to the contractor's receiving partial or final payment. The owner's acceptance of
the work is also required before payment is received.
E. Change Orders
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Any additions to, deletions from, or changes in the rehabilitation contract work, time, or price
must be approved in a written change order before the additional work is started. The change
order is executed by the owner and contractor and is approved by the Housing Rehabilitation
Specialist. Change orders may be issued to correct code deficiencies or to obtain any other
desired change in the work. DRI/CDBG funds can only be for change orders that correct code
violations as documented by the local building official, a bonafide code violation report, or to
meet Section 8 housing quality standards found after construction begins.
F. Payment
Payment will be upon the completion of each activity accompanied by an invoice and
approved site inspection by the DRI Rehabilitation Specialist.
If the owner refuses to authorize payment due to a dispute with the contractor, the Housing and
Human Services Director or his/her designee may recommend disbursement without the owner's
approval if the claim is shown to be without merit or inconsistent with policies and the goal of
the program. Such disbursement shall be issued only after the HHS Director has reviewed the
facts and circumstances involved in the dispute and has determined that the owner's refusal to
issue payment is without just cause. A record of all pertinent information shall be placed in the
case file.
H. Follow-Up
After completion of the contract, it is the owner's responsibility to notify the contractor in
writing of any defect in the work or material. The owner is also requested to notify the Collier
County DRI Rehabilitation Specialist of any complaints to the contractor so assistance in follow-
up can be provided. If the contractor does not respond to the owner's written complaint within a
reasonable time frame and in a satisfactory manner, the HHS Director will verify the complaint.
If the HHS Director judges the complaint to be valid, he/she will send written request for
warranty service to the contractor. The contractor will then take action as monitored by the
owner and the DRI Housing Rehabilitation Specialist. Upon receiving notice from the owner that
the complaint has been satisfied, the Housing Rehabilitation Specialist will inspect the work and
make such note in the case file. Failure to resolve complaints shall be justification for removing
a contractor from participation with the program.
VIII. CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION
A. General
Permanent Relocation and/or Demolition Relocation are synonymous terms used in the
rehabilitation program when a home is unsound and not suitable for rehabilitation based on the
structural integrity criteria. Homeowner eligibility requirements are the same as for
rehabilitation. Further policies are included in the local Anti-displacement and Relocation Policy.
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B.
Clearance
10F
.
Requirements are identified by the Housing Rehabilitation Specialist and are included in
the replacement unit bid package. In this way, the same contractor is responsible for site
cleanup and preparation as for provision of the replacement unit. Disposal of debris and
associated activities are also included if this method is utilized. When demolition or clearance
is conducted separately, bid packages are prepared with procedures following those identified
for rehabilitation in this manual.
C. Permanent Relocation/Demolition Relocation
This activity involves replacement of an eligible owner occupied unit that is beyond
economic repair. The DRI Housing Rehabilitation Specialist will decide on a case-by-case
basis whether to utilize a modular, manufactured or other type of unit. Decision items will
include budget, zoning, replacement requirements, cost estimates, timeframe and a number of
other items that may vary case-by-case.
Once the decision is made, the Housing Rehabilitation Specialist prepares bid specifications
and plans (if necessary) based on owner input from review of available plans. Bidding
contracting and inspections then proceed as in the rehabilitation process.
D. Differences
I. A major difference in this type of rehabilitation assistance is that the DPL issued is not
for the full value of the replacement unit. The value of the DPL is based on a calculation
that takes the difference between the assessed value of the original unit (real property not
included) and the actual cost of the new unit (without real property). The difference is the
value of the DPL. This is because the dilapidated unit that was demolished belonged to
the owner and is being replaced on a one-for-one basis. Ownership of the replacement
unit is vested directly to the owner with no interest on the part of the local government
(except for the DPL). .
2. Program disbursements are made from the local DRI/Collier Rehabilitation operating
account.
In the case of replacement of existing mobile/manufactured homes, the limit will be based
upon the acceptable bid price of a replacement home of comparable size. If the existing home is
inadequately sized, the replacement home will be sized to include the appropriate bedrooms
needed to meet Section 8 and/or local housing code requirements for occupancy
Necessary site improvements, including water supply, sewage disposal, and clearance, will
also be provided along with the actual dwelling replacement.
If existing regulations do not allow a mobile/manufactured home to be replaced with a like
dwelling, a site built home may be provided with DRI/CDBG funds if approved by the local
government, and funds are available...
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IX. CONTRACTOR LISTING
The Housing Rehabilitation Program will establish and maintain a current listing of eligible
contractors for bidding on all phases of the program Establishment of this list will include
maximum effort to utilize local and minority contractors.
A. Recruiting
Contractors in the local area will be recruited as part of the local government's
compliance with Federal Section 3 requirements. This special effort will be based upon the list of
contractors licensed in the jurisdiction including residential, building and general contractors.
Letters sent to contractors, or advertisements placed soliciting them, will be placed in the
appropriate program file.
The contractor listing will include all local contractors who apply and are determined
eligible based upon program qualification standards.
B. Contractor Eligibility
In order to participate in the Housing Rehabilitation Program, a contractor must:
I. Maintain a current license(s) with the appropriate jurisdiction;
2. Maintain a satisfactory record regarding complaints filed against the contractor at the
state, federal or local level;
3. Maintain insurance: $100,000/$300,000 coverage for contractor's public liability
(including accidental death and bodily injury), or $300,000 comprehensive coverage and
$100,000 coverage of property damage (in addition to bodily injury), with a certificate of
insurance from the insurer guaranteeing ten (10) day notice to the Housing Rehabilitation
Program before discontinuing coverage. Workman's Compensation, as applicable, is also
required;
4. Maintain a satisfactory credit record, including:
(a) References from two (2) suppliers who have done business with the
contractor involving credit purchases; and
(b) References from three (3) subcontractors who have subcontracted with the
contractor; and
(c) The ability to finance rehabilitation contract work so all bills are paid
before requesting final payment;
5. Satisfactory references from at least three (3) parties for whom the contractor has done
construction;
6. Absence from any list of debarred contractors issued by the Federal or State DOL, HUD
or DCA;
Disaster Recovery Initiative
13
March 2008
l'OF
The DRI Housing Rehabilitation Specialist will ensure that current and past performance of
the contractor are satisfactory based upon readily available information, and reserves the right to
check any reliable source in establishing such determination.
The DRI Housing Rehabilitation Specialist will explain the contractor's obligations under
Federal Equal Opportunity regulations and other contractual obligations at the pre-bid
conference. Program procedures, such as bidding and payment are also explained to the
contractor.
C. Disqualification
Contractors may be prohibited or removed from program participation for:
1. Poor workmanship, or use of inferior materials;
2. Evidence of bidding irregularities such as low balling, bid rigging, collusion, kickbacks,
and any other unethical practice;
3. Failure to abide by the work write-up, failure to complete work write-up (and bid)
accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs;
4. Failure to pay creditors, suppliers, laborers or subcontractors promptly and completely;
5. Disregarding contractual obligations or program procedures;
6. Loss of license(s), insurance or bonding;
7. Lack of reasonable cooperation with owners, rehabilitation staff or the others involved in
the work;
8. Abandonment of a job;
9. Failure to complete work in a timely manner;
10. Inability or failure to direct the work in a competent and independent manner;
11. Failure to honor warranties;
12. Ineligibility to enter into federally or state assisted contracts as determined by the U.S.
Secretary of Labor, HUD or DCA;
13. Other just cause that would expose the Program or owner to unacceptable risk;
14. Failure to respond to a minimum of three (3) consecutive requests for bids; or
15. At the contractor's request.
x. RELOCATION/DISPLACEMENT
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 does
not apply to displacement under The Collier County DRI Rehabilitation Program; since neither
the Collier County BCC nor Housing and Human Services acquires the vacated (demolished or
rehabilitated) property and residents participate voluntarily. Therefore, relocation services will be
provided in Collier County Anti-Displacement and Relocation Policy that covers situations in
great detail.
Household/property owners previously approved for proposed housing assistance may
voluntarily withdraw their application for assistance, which must be confirmed in writing. If the
Department determines the applicant to be ineligible for assistance, the Department shall send
written notification to the applicant, stating that the application has been rejected and the reason
for the rejection.
Disaster Recovery Initiative
]4
March 2008
lOF
XI. APPEALS/COMPLAINTS
The Housing and Human Services Department and designated staff members are authorized by
the Collier County BCC to make all determinations of eligibility for assistance and level of
assistance, scheduling of rehabilitation, demolition and relocation, and contract management.
Citizens and/or contractors should issue complaints to the Housing and Human Services
Director. For a complaint to be considered valid, it must be issued in writing within a period of
30 days of its occurrence. Responses also should be issued in writing.
XII. PROGRAM INCOME
No program income is planned to result from this program. Deferred Payment Loans will be
monitored by the Collier County Housing and Human services staff during the DRI/CDBG
period of agreement. After the expiration of the agreement between Collier County and the State,
the monitoring will be performed by the designated representative.
If repayment of a DPL or program income is received during the DRI/CDBG agreement
period, it will be used for additional rehabilitation as authorized by the Department of
Community Affairs. Program income or DPL payment received subsequent to closeout will be
returned to the Department of Community Affairs unless the state's program income regulations
are changed.
This Housing Rehabilitation/Replacement Administrative Plan is adopted this April 22, 2008.
. ~~ ,J ~'Pt'l
~ ': ','fl"'-
.' .'~ ..... <~
"
#'ATTEST:" ..{.;~~
:~ DWIGHT a.B~CK, CLERK
" - ,: -.-'''' ~...;:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
.....
.<
Disaster Recovery Initiative
]5
March 2008
Appendix A
lOr
....
Point Values to be used in
Rankinq Applicants
Handicapped, elderly persons on fixed income within established very
Low income guidelines ] 3 Points
Elderly persons on fixed income within established very low-income guidelines
Handicapped, elderly persons on fixed income within established low to
moderate-income guidelines
Elderly persons on fixed income within established low to moderate-income
guidelines
Handicapped or disabled adults within established very low-income guidelines
Families with handicapped dependents within established very low
Income guidelines
Families within established very low-income guidelines
All others within established very low-income guidelines
Handicapped or disabled adults within established low to moderate-income
guidelines
Families with handicapped dependents within established low to
Moderate income guidelines
Families within established low to moderate-income guidelines
All others within established low to moderate-income guidelines
Families that have received state or federal housing assistance in
the last 15 years regardless of income status
Disaster Recovery Initiative
]6
12 Points
] ] Points
10 Points
9 Points
8 Points
7 Points
6 Points
5 Points
4 Points
3 Points
2 Points
1 Point
March 2008
~""'~JJf~
Gt-wa '"' Gl%~ 1mb' ~utnadun
~%1a5 ~~rtfftc:o~
~~ ~ %0515
Much 14, 2008
WATBIl RBsOtlllCllS DI!VBLoPMBNT Acr OF 2008
MBMBBR RBQtlJlSTB FOR WATBIl RBsoUltCES PaOjllCT8 AND STtlnIBS
D_ Collcogue:
On November 8. 2007, the Watel: Resow:c.. Devolop.......Act of 2007 (pL. 1I()"114) wu
enacted into law. Thia compteb.coaive watl:.l: IClourca n .u~tiN-d projcetllPd.tudiet acrosl
tbeopeet<um of mlsllion, of the U.S. A=y Cotp, of Engineen ('C"'p.").
The Watel: Resouzeea D...Jopmmt Act ('WRDA") ftl,/hod... ,todiea and ptoje<:ta Cot
..viptiou, 600cI cIomage reduction, hurdcane and ,1X>rm damoge reduc;tiou, ohoreliue protection,
and ....uo~ r..1DII.tiou that are feuibIe and jualilled 00 the bla. of Corpl polley and
reptiou. Hiltorially, a WRDA.. adme..ed by Coos-' every two yan. This Jesialatiou
typically CODtIlIlI ,tudy autborlzatiou" projcet lutbodntlo.., modiJi<atlo". to existing project&, and
propm _luna aad polley iIliliati... involving Cmp' activllloI. Howev<:r, be<:aUlc WRDA 2007
focuoed mainly 00 addteosiog the backlog of projcet autbOJ:izatiooo, modillcatioOl, aod ,tudie, that
bad accumulated oioc:. 2000, it.. Ipp,opriIte that Coogteol develop I Water Resow:<eo
Development Act of 2008 to addre!1I new project studiel and mth0ri2..tiotUl that have WeD over
the pan two ycat'l.
The Committee on T.ranaporrstic:ro and. InfraJtrUctw:e baa created.. new procca. for the
mbmillioc. of project tequ<<=1ts (or the Water RaO\UCCI Development Act of 2008. The Committee
ill i4 the ptoceas of completing au e1oc:tmaic: databuc for the suhmiltioa of p1'9ject and study
requeata tha, will be available io mid-Much. Wbeo thio oew da...bue .. op_tin, the Committee
wiD be IcndiI1g out III .dditioWll notice. lrith detailod in.t:Ncdou. on what infotmation will be
required, and how to aubmlt projcet reque&tI and cettiflcatioo forma uoiog the oew c1cctrooio
oystem.
The Committee will ooly conoidet lIfcmbel: ""1""'" for proje<:ta or ,todiea that are
submitted to. the eleetro1Uc databue and ioduda tbe approprilte certificatiou forou. AD projcet
requ.... and lIfcmbel: c:ectiftcatiou foaua ,boold b. filed both cIcctrooically, aod io hatd copy to Mo.
Ttley Mooebey, Cledr, Coormirtee 00 TcaaspmtatiDn and Inframuctwe. B-329 R&ybom HoUle
Office BuiIdiog. by ApIil25, 2008. If you ha..e aoy queatiooo, pleue feel free to contact tbe
Subcommittee 00 Water RClow:<eo and I!ovirooment Majority ,taff at 202-225-0060, '" Mioority
otaIf at 202-225-4360.
With your thoughtful uaiataoc. io thio proccaa, we coo ensure that WRDA 2008 iocludCl
aped&. water relOurcel deYelopment projectl of aigni&ant i:mportance to the urion.
SiDcctc1y,
~t.4..-
]amca L. Ob...r.ar, M.C.
Chairman
C.
-frt~~...;. c/:
E . B .]~p
Chairwoman
Subcommittee on Water RelOureeI
and Bnvironmcot
~~
]obo \loozmao, M.C.
Rooking Member
Subcommittee on Watcx RcsoutCCl
and Bovironment
1
G
.,
Inorganic Chemicals
-Con'aminan lJatcs or MCL le,'cl K.D~e
and Volt of sampling or MC:LG MC'I. Likely Source of Contamination
I_,,',v.' Violation Y/r\ Dete('ted D.. ..,..
Mscn ic I ppb) ....,mslun 01 nntu..aruepoMIS: runoll trom
-lin~ N lI.n Ni,\ III (lrd'lClrds; run (1fT from I:!-Iass and tdectronics
",,,, .
Bilrium(ppOl) ..j.;'O~ N O.Otllh 2 , Disl"hnq~.e (lftlril1ing. waslt:s; discharg.e from
- llletal refineries' erosion ofnaluIC.1 denosits
l~rmil0n illnalurat dcpnslls; ctlSl,;narge trom
Fhloride (prill) MOllthl) N ulJJ " " fertili/,cr anct aluminulll l~clorics. Water
2Ot17 ildditiliC which promoh~s slrong teeth .....hen at
. . ;" h.... .., ,,,., .... .
Nilmlc tus \Iitrogel1l 5itl7 N (},~ , 0-0.,11 III 10 KUllI1IT fnltll fertilizer use; ICllching from septic
fnnlll\ ' tunks SCWii"C' erosion uf natural denosits
[)lsI:l1argL' Iwm pClfOH:UIIl anu me1al n:fillCrlCS:
Sdcniulll tpphi .M)S N 050 50 :'ill ~'rosiOl' nfllalunll llcp0sils: disl.:hargc from
,
Sodium tppmJ 410; N 5.1 J2-5.1 N/^ 160 Sail water inlru~ioll. ll"al.:hing from soil
rh311ium lpphl 4/0~ N OA 0..1-0.4 0.\ 2 Lt:uching frolll ore processing si1e~: di!\charge
fwm ch..'ctronics Illass and dnl" Iilclories
Volatile Organic Chemicals
Confllmlnalnf "1'<' or Me\. l..e\'cl Ran~e
and llnit of sltmplin~ "r MCl.{i MC'I. I -ikely Source of (:ontamin.tion
Violation \'II!\ I)etteted ,,_u..,
('arholl tt:lrachlnridc: J5,N,II- N 1.1 ND-l.I II .1 Disduugl' from chemical plants and ClIher
I 'nnh' 20n7 induslrialBclivitie'i
Stage I DlsinfectantlDisinfection By-Product (DIDBP) Parameters
ContamimlDl and lJnil of Ollt" or Me\. Lnel Kan((e MCU;lIr MeLor
Mellllurement slImplinR "'j~lItiun IM"ted u."!..._ MROI.(i MRIll. Ukrly Sourte of Co.taminalion
(ma,I,'r.) ,,~
Chloramines (ppm) Monthl) N :u~ 0,6-5,6 MROl{ i \1~I)1. " \>I;1I1I.:r addilivc us~d 10 control
:W07 -4 microbes
H..loat.:clil' Adds Hh'c) (H^^5) I.V.8.11I.11- N 9,57 Nf)~12 NA MCL....Ml Ay-product urdrinking. w"l~r
'nnbl 2007 disintectiun
TTHM ITulullrihallllllclhnnes) IA.?R.W.II- N 16.4 ND.40 N:\ M(,I.- XU !\y.prodlll'1 Ill' drinking waler
'nnh' 2007 disinli.-I.:tion
Lead and Copper (Tap Water)
Nll.f1f
('ooh.minant .nd l 'nit or Ihdl.'li"r 90th '1l1mplill~ Al
Ml'llIlunmtnt sllImpllnK ,\L I'l.'rtt'ulill' si1U 1\1U.G (A"tion l.lkcl~' Sourer or (:lIntlllmin.tion
(mo.l,r.) H"~lllt t\('el'din~ l.en'I,
,.." '
CorrosIon orhousenOlo p limning systems:
Cuppcr (lap Willer) (ppm) 11/2005 N O,(J521 0 l..1 U erosion tlrnalu~:I. d~~!'.it:o.: l~achil1g rrom
L~ad (lap water) (pph) I r/::!OO5 " 1.1 II II I' t 'orrosiun uf huuseh(,ld plumbing. systems,
cro<o;ion of nalural dcnnsits
1007 ANNUAL DpJNKING W/\rER Ql :\LlTY REPORT
. COL\JI:R COUNry W/\IER DEf"\RfMLNI
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PJJ~o/~~ ~ownty ~~
3301 East Tamiaml Trail. Naples, Florida 34112. 4977
(239) 774-8097. Fax (239) 774-3602
j11 $,e
(!)
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
April 23, 2008
Ms. Stephanie C. Kopelousos
Secretary of Transportation
Florida Department of Transportation
605 Suwannee Street
Tallahassee, FL 32399-0450
Re: Alligator Alley Industry Forum
Dear Ms. Kopelousos:
As elected officials and community leaders of Collier County, we, the Board of County
Commissioners, feel compelled to express serious concern regarding the Alligator Alley Industry
Forum planned for April 24, 2008 in Lake Buena Vista, Florida. We understand the purpose of
the forum is to discuss "possible" leasing of the Alligator Alley toll road to a private
concessionaire, but we firmly believe the public should be consulted first on this type of
proposal.
Our citizens deserve a fair opportunity for public comment at each step of the process. The
decision to conduct the first public forum more than 180 miles from the most potentially
impacted community does not lend itself to that end. We urge the Department to conduct
additional public meetings on this subject at a more suitable location before any decisions are
made regarding privatizing of Alligator Alley. Collier County will be happy to assist with staff
support and facilities for a public information meeting. Please have your staff coordinate any
follow-up action through Collier MPO Director Phil Tindall, (239) 252-8192,
ph i Itindall@colliergov.net.
J
Tom Henning, irman
Commissioner, District 3
TH:sf
10H
Ms. Stephanie C. Kopelousos
April 22, 2008
Page Two
cc: Stanley Cann, FOOT
Johnny Limbaugh, FDOT/SWAO
Jim Mudd, County Manager
Norman Feder, Collier County Transportation Administrator
Nick Casalanguida, Director Transportation Planning
Phil Tindall, Collier MPO Director
Sen. Burt Saunders
Rep. Garrett Richter
Rep. David Rivera
Item # -.JQ.lL
Agenda 4Jz.,lo'b
Date ~
Date ." 2<./jo~
Rec'd ~
~
Deputy CleI1<
10'1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COlJNTY COMMISSIONERS OFFICE FOR SIGNA TlJRE
Print on pink paper. Attach to original document. Original documents should he hand delivcred to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only artt'r the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
1
exception of the Chairman's signature, draw a line through routin~ lines #1 through #4, eOlllPlete t le checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jennifer A. Belpedio, Assistant County County Attorney 04/23/08
Attorney
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk ofComt's Office
7. Jennifer A. Belpedio, Assistant County County Attorney
Attorney
PRIMARY CONTACT INFORMATION
(The primary contact is the holder ofthe original document pending Bee approval Normally the primary contact is the person who creatcd/prcpared the executive
summary. Primary contact information is needed in the evelll one of the addressees above, including Sue Filson, need to contact stan' for additional or missing
information All original documents needing the Bce Chairman's signature are to be delivered to the B(,(' office only after the B('C has actcd to approvc the
item)
Name of Primary Staff Phil Gramatges Phone Number (239) 774-8836
Contact
Agenda Date Item was 04/23/08 Agenda Item Number 10 I
Approved by the BCC
Type of Document Memorandum of Understanding/Chmier ('rcating tbe Number of Original (2)Two
Attached Lower We~ C:',;.'!;,t LJtili~J'()unscl Documents Attached
',., -" rj ...-
,
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/^,' in the Not Applicable column, whichever is appropriate.
1.
Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, mllst be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, ctc. 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 parties 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 nc otiated contract date whichever is a licable.
"Sign here" tabs arc 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 onginal document and this routing slip should be
provided to Sue Filson in the BCC office within 24 hours of BeC approvaL Some documents arc
time sensitive and require forwarding to Tallahassee Within a certain time frame or the Bees actions
are nullified. Be aware of your deadlines!
The document was approved by the BCC on April 23, 2008 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's Office has
reviewed the chan es, if a Iicable.
Please record and return one executed ori inal document to Jennifer A. Bel edio, ACA
Yes
(Initial)
JAB
N/ A (Not
Applicable)
2.
3.
4.
5.
6.
7.
NIA
JAB
JAB
N/A
JAB
JAB
I: Forms/ County Fonns/ Bee Forms/ Onglllal Documents Routing Slip WWS OnginallJ.OJ 04, Revised 12605. ReVIsed 224.05
((matter_number>>/<<document _ number>>
101
RESOLUTION NO. 2008 _ 122
RECOMMENDATION TO APPROVE AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, TO ENTER
INTO A MEMORANDUM OF UNDERST ANDING AND CHARTER,
EST ABLISHING THE LOWER WEST COAST UTILITY COUNCIL.
WHEREAS, that Collier County (the County) must develop safe, cost effective, and
environmentally sound sources of public water supply to serve the needs of its residents; and
WHEREAS, that Collier County must manage its wastewater system in a safe, cost
effective, and environmentally sound manner; and
WHEREAS, various regulatory initiatives and plans by Federal, State, and Regional
agencies, including the South Florida Water Management District (SFWMD) and the Florida
Department of Environmental Protection (FDEP) impact present and future water supply and
wastewater management, including its relative costs and availability of potable water supply,
reclaimed water production, and wastewater disposal; and
WHEREAS, the SFWMD and the FDEP is undertaking a number of regulatory and planning
initiatives that may directly impact Collier County Utilities, including the development and
updating of its drought management, water shortage regulations and reclaimed water policies, as
well as wastewater; and
WHEREAS, the Collier County Board of County Commissioners through its Public Utilities
Division can develop positions, and advocate more effectively, in concert with other public water
and wastewater utilities in the region; and
WHEREAS, through a cooperative and proactive approach, public water and wastewater
utilities in the Lower West Coast region of Florida can more effectively interact with Federal,
State, and Regional agencies; and
WHEREAS, the County would benefit from the creation of a forum whereby utilities in the
Lower West Coast region of Florida can discuss and coordinate issues of mutual importance, and
where appropriate, assist in developing regional or multi-jurisdictional solutions.
NOW BE IT THEREFORE RESOLVED by the Collier County Board of County
Commissioners as ex-officio the governing board of the Collier County Water-Sewer District
that:
l.
3.
The Resolution and Memorandum of Understanding and Charter, attached thereto as
"Exhibit A" is adopted.
The Public Utilities Division Administrator or designee is authorized to execute the
Memorandum of Understanding and Charter once executed by the other participating
water and wastewater utility representatives.
The Public Utilities Division Administrator will appoint a representative of the Collier
County Water-Sewer District to attend the meetings of the Council and will seek Board
of County Commissioner ratification of that appointment.
2.
This Resolution is adopted after motion, second and majority vote favoring adoption this
~3t"'d day of April, 2008.
. t ~ ~
ATTEST:". BOARD OF COUNTY COMMISSIONERS
0di~~;;;:? ::COLLIER C TY, ORIDA
f.aturt'!oal~
.. Approval. a~ to' form and legal
. Sufficiency:
~c~ .
,t. ~
Je~ifer A. Bel edio
Assistant County Attorney
Ilem# lor l
Agenda ~/zzl{J~ ~
Date
Oa'e 'f/ 2s) r
Rec'd
21.<<- / .
Deputy Clerk
Exhibit A
1 0 I ~'~,
LOWER WEST COAST UTILITY COUNCIL
CHARTER
Article I
Name
The name of the organization shall be Lower West Coast Utility Council.
Article II
Mission Statement
To provide a forum and organization for water and wastewater utilities within the Lower
West Coast of Florida to develop priorities, issues, position statements and concerns that
are of common interest. To speak with one unified voice and effectively advocate in
order to provide water supply and wastewater utility services to our customers in a cost
effective, safe and environmentally conscious manner.
Article III
Objectives
The objectives of the Lower West Coast Utility Council are:
1. To work towards maintaining and preserving our natural resources while
developing sources to meet projected water supply needs of our communities and
customers.
2. To develop positions and goals that proactively address, in a unified voice,
regulatory issues that may adversely impact utilities and the public which we
serve.
3. Through a cooperative approach and proactive advocacy, provide critical
information and assistance to federal, state and regional regulatory agencies, as
well as public officials.
4. To develop a support system for member utilities to develop and advocate, in an
effective fashion, before regulatory and planning agencies.
5. To develop and coordinate, where appropriate, regional or multi-jurisdictional
solutions to certain challenges and projects.
Article IV
Executive Board
Section 4.1. Number. The Executive Board shall consist of three (3) members:
Chairperson, Co-Chairperson, Secretary/Treasurer.
Exhibit A
101
Section 4.2. Chairperson. The Chairperson shall preside at meetings of the Council,
plan agendas for the Council, facilitate all meetings, and serve as spokesperson for the
Council. The Chairperson shall execute all contracts and perform such other duties as
may be designated by the Council.
Section 4.3. Co-Chairperson. The Co-Chairperson shall serve as the Chairpersonelect.
In the absence, of the Chairperson, the Co-Chairperson shall possess all the powers
and perform all the duties of that office until such time as the Chairman is able to resume
those duties or until the Chairperson's term expires. The Co-Chairperson shall perform
other duties such as the Chairperson and Council may designate.
Section 4.4. Secretary/Treasurer. The Secretary/Treasurer shall keep minutes of all
meetings of the Executive Board and of the general membership; keep a file of those
minutes and other records as may be deemed necessary by the Council; The
Secretary/Treasurer shall collect and receive all money due, be custodian to this money,
deposit money in a bank designated by the Council, and disburse funds only upon order
of the Council. The Secretary/Treasurer shall maintain financial records and prepare
monthly reports as well as a simple yearly financial statement and budget. The
Secretary/Treasurer will administer grants and all other sources of revenue generated by
the Council, and maintain a list of members.
Section 4.5. Nominations. The Nominating Committee, selected annually by the
Chairperson, will present to the membership a slate of candidates for consideration.
Additional nominations will be accepted from the general membership at the Annual
Election meeting.
Section 4.6. Selection. New officers shall be elected to the Executive Board by a majority
of the voting members voting at the annual meeting.
Section 4.7. Term of Office. The term of office for the Executive Board shall be
one (1) year. The term of office shall begin on May 1 and end April 30.
Section 4.8. Meetings/Attendance. Members of the Council are expected to attend a
majority of all meetings, or designate an appropriate representative to attend. Attendance
by members should be at a senior management or utility director level whenever possible.
Section 4.9. Contracts. The Council may contract for services as deemed necessary
to fulfill the purposes of the organization.
Article V
Membership
Section 5.0. Voting Member. A voting member shall be any water resource, potable
water supply or wastewater management utility representative, public or private,
2
Exhibit A
101
located within the boundaries of the attached map (including all or portions of Lee
County, Collier County, Hendry County, Glades County, and Charlotte County) There
shall be only one (1) voting member per utility.
Section 5.1. Voting Member Privileges. A voting member may serve on the
Nominating Committee and vote on Directors at the annual membership meeting. A
voting member may also vote on issues brought to the membership. A voting member not
in attendance at the annual meeting may vote by written proxy according to policies
established by the Board of Directors. Should multiple individuals represent one
organization, only one vote will be valid.
Article VI
Meetings
Section 6.0. General Meetings of the Lower West Coast Utility Council shall be held at
least quarterly at a place agreed upon by the Executive Board.
Section 6.1. Business items requested by voting members, for hearing at general
meetings, will be submitted to the Council Chairperson. The Chairperson is responsible
for agenda preparation and shall make every effort to bring all items to the floor for
discussion.
Section 6.2. An Annual Meeting shall be held during the month of March each year to
conduct the following business.
a) Election of Executive Board
b) Adoption of the budget
c) Establishment of priorities and goals
d) Any other business of an appropriate nature
Article VII
Amendments
Section 7.0. Amendments. These bylaws may be amended by a two-thirds vote of the
V oting Members present at the Annual Meeting.
Lower West Coast Utility Council
Charter
The undersigned voluntarily consent to the creation of the Lower West Coast Utility
Council and agree to abide by the terms of this Charter. This Charter is not a binding
legal contract or agreement. Instead, this Charter constitutes a memorandum of
understanding by and between the member utilities.
3
",~..~.. .... _",
Exhibit A
MEMBERSHIP
4
As Chairman
As Vice Chairman
As Secretary/Treasurer
101
101
N
c:::J --SiIgIlIfic:aI'll~"'''
~ _c.- PIMrIIIg _...,..
~\UI6. '*~ [-w......
....,..,_M__~
Figure 1. Lower West Coast Utility Council Coverage Area Map
Agenda Item No. 12B
April 22, 2008
Page 2 of 2
NOTICE OF CLOSED ATTORNEY-CLIENT
SESSION
128
Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney
desires advice from the Board of County Commissioners in closed attorney-client session on
TUESDAY, APRIL 22, 2008, at a time certain of 12:00 noon in the Commission conference
room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd,
County Attorney David C. Weigel, Chief Assistant County Attorney Jeffrey A. Klatzkow, and
Assistant County Attorney Jacqueline Williams Hubbard will be in attendance. The Board in
executive session will discuss:
Settlement negotiations and strategy related to litigation expenditures in the pending litigation
cases of Bonita Media Enterprises. LLC. v. Collier County Code Enforcement Board. Collier
County Board of County Commissioners, Case No.: 2:07-cv-411-FtM-29DNF, now pending in
the United States District Court, Middle District of Florida, Fort Myers Division and Bonita
Media Enterprises, LLC., Brennan. Manna & Diamond (Reg. Agent) v. Board of County
Commissioners. Collier County. Florida, Appeal Case No.: 07-2035-CA, Lower Tribunal CEB
No.: 2007-35, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida,
in the Administrative Appeal Division of the Circuit Court.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
by: Isl Patricia L. Morgan
Deputy Clerk
(SEAL)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 5
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 Ot1ice. 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. Ifthe document is already complete with the
exce tion of the Chairman's si alure, draw a line throu h routin lines # I throu h #4, com tete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in rout in order)
1.
2.
(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 of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
,-$
j~
..-
9f
?II
N/A is not
an option for
line 6.
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 l.26.05, Revised 2.24.05
PRIMARY CONTACT INFORMATION
-\ t'> 1
~\A) o\i) r\
Phone Number
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and 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 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 incorporat d in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
16A 5
RESOLUTION NO. 08- 101
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPT ANCE OF CERT AIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN AUGUSTA AT
PELICAN MARSH, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 29,
PAGES 5 THROUGH 6; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPT ANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
AUGUST A A T PELICAN MARSH
HOMEOWNERS' ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
August 28, 1997 approved the plat of Augusta at Pelican Marsh for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Augusta at Pelican Marsh ,
pursuant to the plat thereof recorded in Plat Book 29, pages 5 through 6, 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 Augusta at Pelican Marsh
Homeowners' Association.
This Resolution adopted after motion, second and majority vote favoring same,
this ~dr\d day of ~~~\ , 2008.
DATE: .';:' 1)~~D,'
. ..~
ATTEST: . '.
DWGHJ,~.,B&QCK LERK
~.~., ". . --~.. -'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and legal
sufficiency:
Je~
ASSI ant CollIer County Attorney
Item # I /P c:;4--5
16A
6
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
exce tion of the Chairman's si nature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) 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
~} d
l>
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to bc 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 b the BCC
Type of Document
Attached
Number of Original
Documents Attached
Phone Number
Agenda Item Number
-"lV'}.;
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 fulIy 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 alI 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 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 0 (enter date) and all changes
made during the meeting have been incorpora ed in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
j
"r
t\
JJl
~
N/A is not
an option for
line 6.
I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9 03.04, Revised 1.26.05, Revised 2.24.05
16A 6
RESOLUTION NO. 08-~2
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN SA TURNIA
LAKES PLAT ONE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 36,
PAGES 56 THROUGH 65; 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
SATURNIA LAKES HOMEOWNERS'
ASSOCIATION, INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 12, 2000 approved the plat of Saturnia Lakes Plat 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 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 Saturnia Lakes Plat One,
pursuant to the plat thereof recorded in Plat Book 36, pages 56 through 65, 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 Saturnia Lakes Homeowners'
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this ~d.C\/A day of -A~{~\ ,2008.
-; t.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Approved as to form and legal
suffic. cy:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board 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 nature, draw a line throu h routin lines # lthrou h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order
(The primary contact is the holder of the original document pending 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 Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
1.
2.
t e.s ~dWl' r\U-1Y4..t1 ~ 1"\
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
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 Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are 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 our deadlines!
6. The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporat d in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
~l ~~\D8
~
.".-
JU
j
CM
~ N/A is not
an option for
line 6.
I: Formsl County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A 7
RESOLUTION NO. 08- 103
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN SA TURNIA
LAKES PLA T TWO, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
38, PAGES 45 THROUGH 50; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPT ANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINT AINED BY THE
SATURNIA LAKES HOMEOWNERS'
ASSOCIATION, INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
June 11, 2002 approved the plat of Saturnia Lakes Plat Two 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 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 Saturnia Lakes Plat Two,
pursuant to the plat thereof recorded in Plat Book 38, pages 45 through 50, 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 Satumia Lakes Homeowners'
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this ~ar\6 day of -Arti \ ,2008.
l :~ ~ l, ",
..' .t,~
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
By:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 8
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 Ol1ice. 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
exce tion of the ehairman's si nature. draw a line throu h routin lines #1 throu h #4, com lele the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
~I-a;} 08'
(The primary contact is the holder of the original document pending BeC approval. Nomlally 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 ehairman' s signature are to be delivered to the BCC office only after the BCC has acted to approve the
item. )
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
N/ A (Not
A Iicable)
6. Minutes and Records
Clerk of Court's Office
J~
~
~
~
N/A is not
an option for
line 6.
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
[: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 224.05
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 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 0 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
16A 8
RESOLUTION NO. 08-
104
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN SUSSEX
PLACE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 45, PAGES 12
THROUGH 13; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
SUSSEX PLACE AT LELY RESORT
HOMEOWNERS' ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
June 14, 2005 approved the plat of Sussex Place for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering and Environmental Services Section of the
Community Development Department has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Sussex Place , pursuant to the
plat thereof recorded in Plat Book 45, pages 12 through 13, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Sussex Place at Lely Resort
Homeowners' Association.
This Resolution adopted after motion, second and majority vote favoring same,
this d C).l\d day of ~, 2008.
DATE:
A TTESl':
DWIGHT _E. BROC~ CLERK
~
, ,
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
.
Attest
s1qnatu
By:
Approved' as'to: form and legal
suffic' ncy:
Item # \ tc.^ ~
Agenda 4)"'"1 J...q
. Date ~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 l~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j I
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board 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. [fthe document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines # I 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)
(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 BCe Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
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
PRIMARY CONT ACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on ~ (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 Iicable.
2.
3.
4.
5.
6.
9
~F~J-}6r
~
-
J~
~
~
N/A is not
an option for
line 6.
I: Formsl County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A 9
RESOLUTION NO. 08- 105
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN TUSCANY
COVE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 42, PAGES 14
THROUGH 23; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAl NT AINED BY THE
TUSCANY COVE HOMEOWNERS'
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
November 16,2004 approved the plat of Tuscany Cove for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering and Environmental Services Section of the
Community Development Department has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Tuscany Cove, pursuant to the
plat thereof recorded in Plat Book 42, pages 14 through 23, 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 Tuscany Cove Homeowners'
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this d~1\6 day of -At (~\ , 2008.
'" ~
.;, .~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: T~NN~
~,~^~ /Lt1A<1
I ~:,^;"' ~
~ D:Jij I'
\ P.c'd "t'l
Approved as to form and legal
sufficiency: _,
right
t Collier County Attorney
ORIT~I~~;O~~;~~~~~.J~~~L~~~~;E~~S~~~~~~LIP 16 A 10
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents shuuld be hand delivered to the Board Oftice. The completed routing slip and original
documents are to be forwarded to the Board Office only .!!!k! the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I 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 h routin 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)
1.
2.
41 d~Dg
(The primary contact is the holder of the original document pending BeC 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 BCC ehairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
N/A (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
111
,,-
w
COf
N/Aisnot
an option for
line 6.
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2405
/I'O~
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 0 (enter date) and all changes
made during the meeting have been incorporat d in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
16AIQ
RESOLUTION NO. 08-~6
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN SA TURNIA
LAKES PLAT THREE, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
39, PAGES 67 THROUGH 72; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPT ANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
SATURNIA LAKES HOMEOWNERS'
ASSOCIATION, INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
January 11,2003 approved the plat of Saturnia Lakes Plat Three 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 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 Saturnia Lakes Plat Three,
pursuant to the plat thereof recorded in Plat Book 39, pages 67 through 72, 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 Saturnia Lakes Homeowners'
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this dd-I\d day of ,^~r;\ ,2008.
-: .~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
..
Approved as to form and legal
suffi .ency:
ght
t Collier County Attorney
r;:: I~'JH 0
/qer:dd~ ,J
I '::';:1'8 4- 2- () 1
I
~ i~'~~'::d fzt/loe
',~
16A ,12
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this Is 1f..1 day of D"-=\"~ ~ 2008, between Cameron
Partners, LLC hereinafter referred to as "Developer," and the Board of County Commissioners
of Collier County, Florida, hereinafter referred to as the "Board".
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: Cameron Commons
Unit 1.
B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer
to post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated' in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: roadways, utilities & stormwater
drainage improvements within 12 months from the date of said subdivision plat recording, said
improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $ 131.088.66 . which
amount represents 10% of the total contract cost to complete construction plus 100% of the
estimate cost of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete
such improvements within the time required under this Agreemen~~ Collier Co~~ may call upon
the subdivision performance security to insure satisfactory'\,~ompletion of the required
.'
improvements.
4. The required improvements shall not be considered complete 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 Land Development Code.
~
Page 1 of3
16A12
5. 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
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the County Manager's approval of the 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.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the County
Manager or his designee to inspect the required improvements. The County Manager or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six
(6) months thereafter the Developer may request the County Manager or his designee to reduce
the dollar amount of the subdivision performance security on the basis of work complete. Each
request for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's engineer together with
the project records necessary for review by the County Manager or his designee. The County
Manager or his designee may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may call upon
the subdivision performance security to 'secure satisfactory completion, repair and maintenance
of the required improvements. The Board shall have the right to construct and maintain, or cause
to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of
bids, the improvements required herein. The Developer, as principal under the subdivision
Page 2 of3
16A12
performance security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to, engineering,
legal and contingent costs, together with any damages, either direct or consequential, which the
Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be execute~ by their duly authorized representatives this \5.l.:\.. day of ()::..~ 2008.
SIGNED IN THE PRESENCE OF:
Cameron Partners, LLC a Florida
Limited Liability Company
ATTEST:
DWIGH'ItE/I3,'l~PGK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
B "
vs"
,:'~',,.' 'te~~
, ~_O_~I< "e, \
;::tj' ~ ~~.....~", I ::J..... . :-:."'" .
Appr~~as to fo -,",- ':, ~,,~ ;
..i) ... ,,,,'~". .."~" . ~..".~ .
ano)egal SUtl'iCi ," y.; ::? '
'>~' ~.,. ....<:j..~..
~~,"!QiJ~l>"'"
- ,r . ~l
Steven T. Williams
Assistant County Attorney
By:
.
'?~~:;y .
an
Item# \(a ~
Agenda't~ 'tL--ot
Date
::d l1)-U~l)~
Page 3 of3
16A12
COLLIER COUNTY LAND DEVELOPMENT CODE Bond No. 6589438
PERFORMANCE BOND FOR CAMERON COMMONS UNIT I
KNOW ALL PERSONS BY THESEPRBSENTS: that
CAMERON PARTNERS, LLC
11586 QUAIL VILLAGE WAY
NAPLES, FL 34119
(hereinafter referred to as "Owner") and
KRAFf CONSTRUCTION
3520 KRAFT ROAD
NAPLES, FL 34105
Safeco Insurance Company of America, 2055 Sugarloaf Circle, Duluth, GA 30097
(hereinafter referred to as "Surety") are held and fumly bound unto CoJJier County, Florida, (hereinafter referred to as
"County") in the total aggregate swn of ONE HUNDRED THIRTY ONE THOUSAND EIGHTY EIGHT AND 36/100 ($131 ,088,36) DOLLARS
. . . in lawful money of the United States, for the payment of which sum well and truly to be
made, we bm<l ourselves, our heirs, executors, administrators, successors and assigns, jointly and severaUy, fmnly by
these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF Tins OBUGATION is such that whereas, the Owner has submitted for approval by the Board a
certain subdivision plat named CAMERON COMMONS UNIT 1 and that certain subdivision shaU include specific
improvements which are required by ColJier County Ordinances and Resolutions (hereinafter "Land Development
Regulations"), This obligation of the Surety shall commence on the date this Bond is executed and shall continue until
the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land
Development Regulations (hereinafter the "Guaranty Period")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perfonn its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all
claims and demands incurred and shall fuUy indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to
remain in fuU force and effect
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipUlates and agrees that no change, extension
of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on
this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shaD be deemed amended automatically and
immediately, without fonnal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful perfonnance in accordance with the Land Development Regulations. The tenn "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
lSA12
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
2nd day of October, 2008
_-QG~C y~ Zl:lwJ::Y,lnc
Title: 8Je/...~\Ue- flM;S.
~~~e f/
Witness Print D~e or Type
~~
Witness Signature
Melissa Saracino
ftf:~s ff~:Type
Witness Signature
Dana Granice
Witness Print name or Type
Safeco Insurance Company of America
~~GNA~ p,.
Name and itle ~agistano, Attorney-in-Fact
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of . 2008, by
_' Kraft Construction Company, Inc. who is personally known to me or has produced
as identification.
(Signature of Notary Public
State of )
(Print, Type, or Stamp Commissioned
Name of Notary Public)
(SURETY'S NOTARY BLOCK)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
produced
as identification.
. 2008, by
, who is personally known to me or has
(Signature of Notary Public
State of )
(Print. Type. or Stamp Commissioned
Name of Notary Public)
Ac..~ ~b ~ \-e.. \) b. t.LA ~~.rtb
~o\..l.- O~
~
ACKNOWLEDGMeNt OF PRINCIPAL ..1F.A 'CORPORAnON
STATE OF .".."~~f1,Q~...,,.} 88
COUNty OF ....~,IM~.,....
z..pr;t d\.._ "Iffrl2
On t~"................."..:...,.... day of "".".~lJ~..",..""..",..", .~.. before me pereoneDy appeared
.-'\~~ e. ~Wl\m~ ' t b kn .."" bib . ",
..",..""".." ,...,.....""."........."........"........;......"...." 0 e own, "nO, e ng y me duly swom, ,d'd depo" anct
say; lhllI !!!I.he ",Ide. .11I ...; .........l\t~:...~.r:t ............ ......... ................ ~..................... lhal he/.ha
Ie the ,~f-.~......~V;&.-:;..... Pre"dent of ...(~.~9.Tt*.~~.~....... .~l"......tt..::.."'.,.".............:~. tne '
16A12
~rporat'on desorfbed In and whfch exeouted the wfthln Insurance Instrument;. that ~8he knoW,e the '8.al..o(
said corporation; that the ~ea' sfflxed to ssld Instrument 18 8Uoh corporate sleli.that Ie was so affixed by the
Board oJ Directors of saId oar , he'8~'lgned hls/her neme thereto by tlke order.
"ublic State 0 - -
N~r ~ Ck
",,,,,1 p~ \ja\~~r\e "'Ide~ 8&134 fA
I~'. co~m\ss\on004 .t.... ~t:':fn.u... "~".ft.........n.........t.."...,u....u...u."..u
. :!f:'" M~. s' 2/26/2009
'Of GMENT OF PRfNCIPAL -IF IN13MDUAL OR FIRM
STATE OF ........................} sa
OOUNTY OF ."~.ll.....'..,.....t.
On thJ. ..,.,t,........,.................... day of .............................................., .........., before me personally appeared
t...............UU..U...n.....................u............'.'.un.,......',...nn.. to me know to be (the IndiVidual) (one of the- firm) of
..~"..,..'fn.....n.....n......... ........, . "."......................"..........., described In and who executed .the withIn ln8t~ument
end he/sl:te thereupon abkllow'ed9~~ to m$ that he/she exe9uted the lame (as the act and deed of 8ald firm).
"tt ....,........ ...... ,. ,"""," .........,......., "'" ,,,,. t".., ........ ... ......... "'t".'"
ACKNOWLEOGMENT OF SUReTY COMPANY
STATE OF ...~~.'!~~.'.<.........} ss
COUNTY OF ..f;'~~~~~..........
On this ....~~!~~~~,~:.:~!~Hn~.n~.'.u.."n. before me personally oame .n".'.'I!IJ~t~~~!!!~~~..u...n.."..."n99f"...
to me kDown, who,. being by mo duly 8wom, dId depose and saYi that hel$he resIdes In
.......~~~~~~.~~.~.~!~."....................,.".., StQte of ..,. .t-!~XRt;\~.".. ..,...., that he/she 18 the Attomey..Ih-Paot ofthe
SAFECO INSURANCE COMPANY OF AMERICA th tl d Ib d I hI h t d th
.4t,.,.u.."......,,,.......,,....."'..,t....._......,.."...,,....,,.,,.,........ e oorpora on osor e n w c exeou 8 e
above Instrument; that he/she knows the seat of ,aid corporation; that the seal afflxed to said Instrument Is
euch corporate seal; that Is was so afflx~d by the Boald at Olreotol'8 of 8ald corporatIon; snd that he/ehe sIgned
hl8lher . name thereto by like order; and the affiant did further depote and say that the Superintendent of
InsuranC& of the State of New York, has, pur,usnt to Seotlon-1111 of ths Insuranoe Law of the State of New
York, l8.ued' to. ... Mf.Ii=~~ .IN~.l!~f;'R~ ~~Mf~~Y. Rf. ~'I!~.I3I9.~"I. ... ... tI' ...... ." {....... (Surety) hlelher oertlfloete of
quallfloatlon evidencing the qualification of said Company and "8 suMolenoy under any 'aw of the State of New
Vork ae 8urety and,guarantor, and the propriety of aooeptlng and approvIng" 88 8uohi and lhat suoh certlfloat.
tl88 not been revoked. J-1... , ,i
...........~wiffli ... . () .
tv aokl\owledsOMoht
....-
__ PubIc, State 01.......
No. 01GA6112528
CIualIfled In ICIngs ~ _,
,....m/uIon Exp/NIJuIr ".JJJI J-
16A12
..
POWER
OF ATTORNEY
Safeco Insurance Company of America
General Insurance Company of America
Safeco Plaza
Seattle. WA 98185
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
********RICHARD G. AVERY: THOMAS BEAN: KAREN BOWLING: GEORGE O. BREWSTER: PETER F. JONES: SUSAN LUPSKI:
GERARD S. MACHOLZ: CAMILLE MAlnAND; DIANA L. PARKER: ROBERT T. PEARSON: RITA SAGIST ANO: Garden City, New
York: KATHLEEN M. CRISTIANO: JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALERA: Clark, New Jersey:
RUSSELL M. CANTERBURY: JOANN DOMBROWSKI; MARION R. VAIL: Farmington, Connecticut*******************-******
No.
13188
its true and lawful attorney{s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
11th
day of
August
2008
~~~
STEPHANIE DALEY.WATSON.SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE.PRESIDENT, SURETY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13, - FIDELITY AND SURETY BONDS ... the President. any Vice President. the Secretary. and any Assistant Vice
President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal. or a facsimile thereof. may be impressed or affixed or in any other manner reproduced;
provided, however. that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 26. 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out.
(i) The provisions of Article V, Section 13 of the By-Laws. and
(iI) A copy of the power-of-attomey appointment. eXecuted pursuant thereto, and
(ill) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof."
I. Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify thatthe foregoing extracts of the By-Laws and of a Resolution ofthe Board of Directors
of these corporations, and of a Power of Attorney Issued pursuant thereto. are true and correct, and that both the By-Laws. the Resolution
and the Power of Attorney are stili in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
2nd
day of
OCTOBER
2008
~~~
STEPHANIE DALEY-WATSON, SECRETARY
5-0974/054/05
Safecollil and the Safeco logo are registered trademarks of Safeco CorporaUon,
WEB POF
_Insurance
..
16A12
SAFECO INSURANCE COMPANY OF AMERICA
FINANCIAL STATEMBNr - DECE:MBER 3lt 2007
Assets
'Cash and Bank Deposits........................................ $ 53,483,126
*Bonds - U.S Govenuncnt.............................................16,728.067
*Other Bonds ........................................................... 2,478,711;1.87
*Stocks .................................................................... 499~35,.954
Real Estate ..................................................................... 0
Agents' Balances or Uncollected Premiums................. 625.553,621
Accrued Interest and Rents.................................... 33,936,490
Other Admitted Assets.................................,........... 359,599,572
Total Admitted Assets .N_N_N......"......"_" ~4.067 .14R.117
LiablUties
Unearned Premiums..........................,................... $ 728;534,002
Reserve for Oaims and Claims Expense ...................1,560,913,.950
Foods Held Under Reinsurance 'Ihaties..........,.... 430,.979
Reserve for Dividends to Policyholders......................... 2,421,611
Additional Statutol}7 Reserve. ....................... ........
Reserve for Conunissions, Taxes and
Other Liabilitic:s....... ............. .........................,
T otal.....".........."......................................H...
936336.881
$3,228,637,413
Special Surplus Funds......... $ 226,334
Capital Stock................................ 5,000.000
Paid in Surplus................................ 275.002,873
Uuassignc:d Surplus................... 558381.487
Surplus to PoHC1holders."".."..",,""...._...
T Gtal LlablHties aJUl Surplw..............................
838.610.694
~4.067 .24R.117
. Bonds arc stated at arnor1iud or inveslmcnt value; Stocks at Association Mwet Values.
Securities canic:d at $124,368,.976 arc deposited as required by law.
J, TIM MlKOLAJEWSKI, Semor Vice-President of SAFECO Insurance Company of America. do hereby oemfy that the foregoing is a
tNe, and comet statanent of the Asset. and Liabilities of said Corporation, 8S of Deoember 31, W07, to the best of my knowledge and
belief. '
IN WITNESS WHEREOF,I have hereUllto set my hand and affixed the seal of said Corporation at Seattle. Washington, this 1st day of
Maroh. 2008.
8-1262.3/08
.
~~~
. A 1II!ll6\.red tmemalk of SAFE CO CllfPDI1l1on
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L A IS- ,"
. . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TV* Q .,.
Pnnt on pmk paper. Attach to ongmal document. Ongmal documents should be hand dehvered 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 nature, draw a line throu h routin 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)
1.
~}dshi'
5.
CO\..l~ . ()~\'-~ :rc0
oard of County Commissioners
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Yes
(Ini tial)
N/A (Not
A licable)
(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 BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
2.
3.
4.
6. Minutes and Records
Clerk of Court's Office
iP
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PRIMARY CONTACT INFORMATION
Phone Number
.:re. ~ ~ (J.'f'"''-.l
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Agenda Item Number
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Rcvised 1.26.05. Revised 2.24.05
Number of Original
Documents Attached
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INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in thc Not Applicahle column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signalure pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been imtialed by the County Attorney's
Office and all other arties excc t the BCC Chairman and the Clerk to the Board
The Chairman's signature line datc 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 Tallahassce within a certain
time frame or the BCC's actions are nullified. Be . ware 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.
16A15
RESOLUTION NO. 08-~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
DISSOL VING THE COLLIER COUNTY FIRE REVIEW
TASK FORCE.
WHEREAS, on April 24, 2007, the Board of County Commissioners adopted Resolution
No. 2007-105, establishing the Collier County Fire Review Task Force (the "Task Force") to
assist in the review of information and issues relating to fire control and development, and to
report to the Board of County Commissioners with recommendations for revisions to the Collier
County Fire Prevention and Protection Ordinance; and
WHEREAS, pursuant thereto, on June 12, 2007, the Board of County Commissioners
adopted Resolution No. 2007-155, appointing members to the Task Force; and
WHEREAS, Section Five of Resolution No. 2007-105 provides for automatic
dissolution, or expiration, of the Task Force one year from the date of the resolution appointing
the Task Force members; and
WHEREAS, the Task Force has fulfilled its purposes as outlined in Resolution No. 2007-
105, and has presented its recommendations to the Board of County Commissioners of Collier
County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Collier County Fire Review
Task Force, having fulfilled its purposes as outlined in Resolution No. 2007-105, is hereby
dissolved.
This Resolution adopted after motion, second and majority vote, this JtY"d day of
~, 2008.
. ". J'
ATT,EST: . J,'
D 'HT E. BROC!f, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Attest IS
s10nature
By:
, . i",
Approved as to fo
and legal sufficiency:
Item # 1(.0 ~ts
; i',qi-;ada
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLId 6., )1 17
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. 'Ibe completed routing slip and original
documents are to be torwarded to the Board Office only after the BoarL 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 lion of the Chairman's si ature, draw a line throu h routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson ine #5 .
Route to Addressee(s)
(List in routin order
Office
Initials
Date
1. 3u.d
2.
CDES
Aetm" n
\[[a,)OK
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item, )
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
252- -572-1
\(0 A 17
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W
~
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised J .26.05, Revised 2.24.05
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. <All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exc t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si 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 ware of our deadlines!
The document was approved by the BCC on 11.- 0 (enter date) and aU 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.
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16AI7
This space for recording
JOB CREATION INVESTMENT PROGRAM AGREEMENT
This Job Creation Investment Program Agreement ("Agreement") is entered into this
2 2 ~p day of .8p r" ( , 2008, by and between Collier County, a political subdivision of
the State of Florida, through its Board of County Commissioners, hereinafter referred to as
"County," and March Group LLC dlbla March Performance, Inc., hereinafter referred to as
"Employer," collectively stated as the "Parties." All capitalized terms not defined herein shall
have the same meaning as set forth in the Collier County Job Creation Investment Program
Ordinance, Ordinance No. 2003-60, as amended.
RECITALS:
WHEREAS, on November 18, 2003, The Board of County Commissioners ("Board")
enacted Collier County Ordinance No. 2003-60, commonly referred to as the Collier County Job
Creation Investment Program Ordinance, codified as Article III of Chapter 49 of the Code of
Laws and Ordinances of Collier County Florida, hereinafter referred to as the "Ordinance;" and
"'"
=
=
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....
WHEREAS, the Ordinance provides that its purposes "are to: (1) provide a
performance-based program offering financial relief for eligible targeted industry development
or expansion projects in Collier County to mitigate the effects of rising fees, along with
escalating relocation and expansion costs, associated with these projects; (2) provide for the
economic well being of Collier County residents by providing high-wage employment
opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and
(4) encourage investment opportunities for new or existing businesses thus increasing and
diversifying the county's tax base;" and
~ ~ WHEREAS, to be considered eligible for approval under this Program, a business or
.-.::
=
:: project must meet all of the criteria of one of the following categories: (1) The business or
="'"
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~ is ;;;: project is located within Eastern Collier County; is within the targeted industry list of the
o '"
.~ br;:; ~ r:--
~ ~ ~ ~ Economic Development Council of Collier County; and creates a minimum of 10 new full-time
0::: u 1---1 PQ
jobs paying an average wage of at least 115 percent of the County's current private-sector
average wage; or (2) The business or project is located within the boundary of the Immokalee
Rural Federal Enterprise Community and creates a minimum of five new full-time jobs paying
Page 1
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16A17
an average wage equal to or greater than 50 percent of the County's current private-sector
average wage; or (3) The business or project is a high impact project, located outside the
enterprise community and Eastern Collier County; is within the targeted industry list of the
Economic Development Council of Collier County; and creates a minimum of 20 new full-time
jobs paying an average wage equal to or greater than 150 percent of the County's current private-
sector average wage; and
WHEREAS, the Employer submitted an application to be considered for the Program for
a business or project involving relocation of corporate headquarters to Naples, Florida. A copy
of this application is on file in the Community Development and Environmental Services
Division, Business Management and Budget Office; and
WHEREAS, the County Manager or his designee, having reviewed the application and,
based on the representations therein, found that it complied with the requirements outlined and
set forth in the Ordinance, hereby recommends approval.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. The legal description of the business or project is attached as Exhibit "A", and is
incorporated by reference herein.
3. This Agreement will commence upon execution by the County Manager and will
terminate on the third anniversary of the first Program payment.
4. The Employer is hereby awarded the sum of $40,000.00, representing $1,000.00 per
new full time job created. The funds will be paid in equal installments over a three-
year time period, at the beginning of each fiscal year, following the date the newly
created jobs are in place and verified by the County Manager or his designee. Should
at any time over the term of this Agreement the number of qualifying jobs is less then
set forth in the application, then the County Manager or his designee may authorize a
lesser sum be paid based on the actual number, provided that the actual number meets
or exceeds the minimum number of qualifying jobs set forth in the Ordinance. This
award is subject to funding availability for each fiscal year. Employer understands
that the Ordinance will expire and be void on October 1, 2008, unless continued by a
Page 2
16r~17
vote of the Board prior to this date, and as such, the installment payments hereunder
could be discontinued as well.
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5. An annual review for compliance under this Agreement shall be performed by the
County to determine whether there has been good faith compliance with the terms of
this Agreement. Employer shall give the County reviewer full access to its business
records and business premises as required to certify the created jobs. If the County
Manager or his designee finds, on the basis of substantial competent evidence, that
there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or unilaterally modified by the County. Employer shall be given 10
business days prior written notice of any review. In addition to an annual review,
within 10 business days from the County's written request, the Employer will provide
the County with all requested documentation required to verify compliance with the
terms of the Ordinance or this Agreement.
Neither the payment of funds, nor this Agreement, may be transferred, assigned,
credited or otherwise conveyed without prior written approval from the County,
which approval may be freely withheld.
7. In the event the Employer is in default under this Agreement, and the default is not
cured within 30 days after written notice is provided to the Employer, the Board may
bring a civil action to enforce this Agreement or declare that the grant funds are
thence immediately due and payable. The Board is entitled to recover all fees and
costs, including attorney's fees and costs, incurred by the County in enforcing this
Agreement, plus interest at the then maximum statutory rate for final judgments,
calculated on a calendar day basis until paid. By way of example and not as a
limitation, this Agreement will be in substantial breach upon the following events: (1)
any change in the status of the business or project such that it no longer meets the
required Program criteria; (2) failure to fully comply with all reasonable requests
during any County review conducted pursuant to this Agreement; and (3) upon the
County Manager or his designee being informed of a material misrepresentation in
the Application.
8. The County shall record this Agreement in the Public Records of the County, with all
costs of recording being paid by the Employer.
Page 3
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16A 17'~
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
DWIGHT E. BROCk,;Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
~ .
By: _ ^'-_
, CHAI~
AS TO MARCH GROUP LLC (dlb/a March Performance, Inc.)
a Florida Limited Liability Company
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this "'S ~ day
of r<\r\.c(',<,\ , 2008, by CRAIG MARCH, as Managing Member MARCH GROUP,
LLC, who is ' personally known to me or has produced ~ \.... \)L . as
identification.
\. \~\\j\~\~ '('{\~<:\~\U
Signature of Person Taking Acknowledgment
Print Name: (~"r)jI\V\~ '\ f'\' '~\lU\IH'/
My Commission Expires:{X\(\r l \'\'2'\ \ LO, 1-.
Recommend Approval:
Amy Pa rson, Manager
Impact Fee and EDC Manager
Page 4
16 ~ 17 "'~
EXHIBIT A
Legal Description
Lot 9, North Naples Research and Technology Park, according to the plat thereof recorded in
Plat Book 4l, Pages 48 through 50, ofthe Public Records of Collier County, Florida
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Address
16160 Performance Way
Naples, Florida 48185-1938
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP -1 (f" r
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~,) i
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Oliginal 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!!k!: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the Chairman's si ature, draw a line throu routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson ine #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
1.
C DE-S
~clM\ n
lJ/'aJ' D~
p(,(('
::r Lt ct
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
2..S 2..- - $7 2 ,
llo A
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6. Minutes and Records
Clerk of Court'S Office
PrfJ
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PRIMARY CONTACT INFORMATION
~ Pa. t\:-eV60 (l
41 '2-1-( ocg'
(.e e h1-e.-n+
Phone Number
Agenda Item Number
Number of Original
Documents Attached
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a r riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a are f 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.
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16 A 18
This space for recording
JOB CREATION INVESTMENT PROGRAM AGREEMENT
This Job Creation Investment Program Agreement ("Agreement") is entered into this
d;)tJ{) day of Af>(; \ ,2008, by and between Collier County, a political subdivision of
the State of Florida, through its Board of County Commissioners, hereinafter referred to as
"County," and Advocate Aircraft Taxation Company, hereinafter referred to as "Employer,"
collectively stated as the "Parties." All capitalized terms not defined herein shall have the same
meaning as set forth in the Collier County Job Creation Investment Program Ordinance,
Ordinance No. 2003-60, as amended.
RECIT ALS:
WHEREAS, on November 18, 2003, The Board of County Commissioners ("Board")
enacted Collier County Ordinance No. 2003-60, commonly referred to as the Collier County Job
Creation Investment Program Ordinance, codified as Article III of Chapter 49 of the Code of
Laws and Ordinances of Collier County Florida, hereinafter referred to as the "Ordinance;" and
WHEREAS, the Ordinance provides that its purposes "are to: (1) provide a
performance-based program offering financial relief for eligible targeted industry development
or expansion projects in Collier County to mitigate the effects of rising fees, along with
escalating relocation and expansion costs, associated with these projects; (2) provide for the
economic well being of Collier County residents by providing high-wage employment
opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and
(4) encourage investment opportunities for new or existing businesses thus increasing and
diversifying the county's tax base;" and
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~ WHEREAS, to be considered eligible for approval under this Program, a business or
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average wage; or (2) The business or project is located within the boundary of the Immokalee
Rural Federal Enterprise Community and creates a minimum of five new full-time jobs paying
an average wage equal to or greater than 50 percent of the County's current private-sector
Page 1
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average wage; or (3) The business or project is a high impact project, located outside the
enterprise community and Eastern Collier County; is within the targeted industry list of the
Economic Development Council of Collier County; and creates a minimum of 20 new full-time
jobs paying an average wage equal to or greater than 150 percent of the County's current private-
sector average wage; and
WHEREAS, the Employer submitted an application to be considered for the Program for
a business or project involving relocation of corporate headquarters to Naples, Florida. A copy
of this application is on file in the Community Development and Environmental Services
Division, Business Management and Budget Office; and
WHEREAS, the County Manager or his designee, having reviewed the application and,
based on the representations therein, found that it complied with the requirements outlined and
set forth in the Ordinance, hereby recommends approval.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. The legal description of the business or project is attached as Exhibit "A", and is
incorporated by reference herein.
3. This Agreement will commence upon execution by the County, and will terminate on
the third anniversary of the first Program payment.
4. The Employer is hereby awarded the sum of $60,000.00, representing $1,000.00 per
new full time job created. The funds will be paid in equal installments over a three-
year time period, at the beginning of each fiscal year, following the date the newly
created jobs are in place and verified by the County Manager or his designee. Should
at any time over the term of this Agreement the number of qualifying jobs is less then
set forth in the application, then the County Manager or his designee may authorize a
lesser sum be paid based on the actual number, provided that the actual number meets
or exceeds the minimum number of qualifying jobs set forth in the Ordinance. This
award is subject to funding availability for each fiscal year. Employer understands
that the Ordinance will expire and be void on October 1, 2008, unless continued by a
Page 2
16 i\ 18 ;,
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vote of the Board prior to this date, and as such, the installment payments hereunder
could be discontinued as well.
5. An annual review for compliance under this Agreement shall be performed by the
County to determine whether there has been good faith compliance with the terms of
this Agreement. Employer shall give the County reviewer full access to its business
records and business premises as required to certify the created jobs. If the County
Manager or his designee finds, on the basis of substantial competent evidence, that
there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or unilaterally modified by the County. Employer shall be given 10
business days prior written notice of any review. In addition to an annual review,
within 10 business days from the County's written request, the Employer will provide
the County with all requested documentation required to verify compliance with the
terms of the Ordinance or this Agreement.
Neither the payment of funds, nor this Agreement, may be transferred, assigned,
credited or otherwise conveyed without prior written approval from the County,
which approval may be freely withheld.
7. In the event the Employer is in default under this Agreement, and the default is not
cured within 30 days after written notice is provided to the Employer, the Board may
bring a civil action to enforce this Agreement or declare that the grant funds are
thence immediately due and payable. The Board is entitled to recover all fees and
costs, including attorney's fees and costs, incurred by the County in enforcing this
Agreement, plus interest at the then maximum statutory rate for final judgments,
calculated on a calendar day basis until paid. By way of example and not as a
limitation, this Agreement will be in substantial breach upon the following events: (1)
any change in the status of the business or project such that it no longer meets the
required Program criteria; (2) failure to fully comply with all reasonable requests
during any County review conducted pursuant to this Agreement; and (3) upon the
County Manager or his designee being informed of a material misrepresentation in
the Application.
8. The County shall record this Agreement in the Public Records of the County, with all
costs of recording being paid by the Employer.
Page 3
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest: - ; ~ ( ,
-(- ~ . ._,ft '"
DWIQH1.' E. BROCK,-~lerk
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, FLORIDA,
By:
.
AS TO ADVOCATE AIRCRAFT TAXA nON COMPANY.
a Florida Profit Corporation
rThe foregoing instrument was acknowledged before me this .J.?!t. day
of~ , 2008, by LOUIS M. MEINERS, JR., as President of ADVOCATE
AIRCRAFT r,{AXATION COMPANY, who is p~ally known to me or has produced
as identification. --- ---
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\,_C";\~.~JI l. 'l~ \s~~.l
Si~nature o~ P~son T~king Ackno~e~~1l1ent
Pnnt Name. n'th,....\..... . C.. 'II-
My Commission Expires: 11. '2. (..;c <:
Signed, sealed and
~eOf
~ature
Ct. eM. (..1 U. Meuw S' .
Printed Name 11
'M~!:. ~
Signature
MI\f\.'Kt M L~ N l,R r
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
NOT ARIAL SEAL]
4-:r.~:';itr-. CATHERINE A. MCCARTHY
f*( ~'Ji.~);1 MY COMMIS~ION # DD 336802
~.~~~:" EXPIRES. July 12, 2008
".r,i!f.l~~'" Bonded Thru Notary Public Underwriters
and
,~",_..'''>
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Recommend Approval:
Amy Patt son, Manager
Impact Fee and EDC Manager
Page 4
16 A 18
EXHIBIT A
Legal Description
East Naples Industrial Park Lots 3 and 4, Suite 210
Address
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3073 Horseshoe Drive South, Suite 210
Naples, Florida 34104
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16A19
SAMPLE
Collier County Government
clo Engineering Review
2800 N. Horseshoe Drive
Naples, FL. 34104
Attn: Stan Chrzanowski, P.E., County Engineer
RE: (Name of Subdivision)
Dear Sir:
I hereby certify that I am a private homeowner (property owner) within the (subdivision /
condominium I project) known as and I also certify that I am a legally
elected representative of the HOA (POA) (CDD), I am authorized to act on behalf of the
HOA (POA) (CDD), and I have no legal ties to the developer(s) of
The developer, and/or his professional engineer has explained to our HOA (POA) (CDD)
the functioning of the water management system within our development and explained
our responsibility with respect to maintenance of the water management system,
including the lakes, culverts structures, and littoral zone plantings. We are also aware of
our responsibility to maintain the roadways, sidewalks, drainage, street lighting, (water
and sewer if applicable) landscaping, and to implement a program of constant removal of
exotic vegetation within our community.
We are not aware of any outstanding developer commitments or responsibilities with
respect to our subdivision or our PUD.
We have / have not attended the Final Inspection of the project by representatives of
Collier County and have no objection to the release of all performance bonds or
maintenance bonds of any kind.
If I can be of any further assistance in this regard, please advise.
Sincerely,
[Name]
[Title, HOA]
Cc: Maryann Devanas, Collier County PUD monitoring
Copy to the district's Commissioner
Copy to the Developer
John Houldsworth, Senior Engineer
'7
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lmmokalee Time Line
16A19
1/28/07 - Called Collier County Zoning - they verified C-5 zoning - no overlay or
special requirements needed
2/13/07 - Pre - App meeting - again confirmed C-5 zoning
4/17/07 - Call Zoning again - spoke with David Hedrick - confirmed C-5 - specifically
asked if this was in the Main Street Overlay District - he stated no - overlay district did
not applied to this property
4/19/07 - Christine Willoughby called our engineer stating this was in the overlay district
and faxed regulations,
4/23/07 - Ross Gockenhaur called confirmed property was in fact in the overlay district
and admitted the zoning department had made the mistake - offered to refund pre-app fee
7/18/07 - Received email from Christine Willoughby I Susan lstenes that the revised site
plan met the intent of the overlay district
7/26/07 - Submitted site plans
8/24/07 - Received first round of comments for planning
11/01/07 - Resubmitted site plans
12/05/07 - Received second round of comments
118/08 - Resubmitted site plans
2/7/08 - Received third round of comments (landscape only)
2/26/07 - Received pre-approval letter
3/5/08 - Submitted for building permits
r ;/,--<
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COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST
~50P
o SOP Amendment
Date: 2,/1 ~I b1 Firm: CsL fr~L~ Applicant: ~lYVY'y Wa.\tLa:r
Project Name: h~~\1 ~n \\a.r if'\.. T"" rv-D\4':t.\O- .
Proposed # of Residential Units: Proposed Commercial Square Footage: JO I' 1\0
Project Addr/Location:
Size of Project Site:
L 317
acres
SOP # for Amendments
Zoning/Condo Use/PUD:
(Circle One)
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Ord.lRes.#:
Is SDP within a plat? Provide name and AR#:
Meeting Attendees (attached sign in sheet)
Assigned Planner: Ur1~t"\<L w;t I Dl1j ~b~.
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Sec. 2.2.15 1 2./Heavy commel'cial district (C-5).
2.2.15 I 2.1. PlIfpose and in/em. In addition to the uses prcwided in the C-4 zoning district, the heavy
commercial district (C-5) allows a nmgc of more intensive commercial uses and services which are
gem. Tally those uses that tend to utilize outdoor :--vace 1Il the conduct of the busilll':ss, TI1C C-5 district
permits heavv conuncrcial services such as full-service automotive repair, and establishmcnts primarily
cngaged in construction and specialized trade activilles such as contractor offices, plumbing. heating and
air conditioning services, and similar uscs thai typically have a need to store constructIOn associated
equipment and supplies within an .enclosed structur.e or have showrooms displaying the building material
for which they ~;pecialize. Outdoor storage yards arc pennittcd with thc requirement that such yards arc
completely enclosed or opaqudy screened, The C-5 dislIiet IS pcnnittd in accordance with the locational
criteria for commercial and the goals. ohjccti,-es and policies as identified in the future land use element of
the Collier County growth management plan-
2.2.15 1 2.2. Pe17llilled IIses. The following uses, as identified within [with] a number from the Standard
Industrial Classification Manual (19R7), or as otherwise provided for within this section, are pennittcd as of
right, or as uses accessory to pennitted uses in the heavy commercial dislrict (C-5),
2.2.15 I 2.2.1. Pel1l1i({ed lIses,
1. Unless othenvise provided for in thIS section, alll:J\.,'lwitted uses in the C-4 general
commercial distriet
2, Auctioneering/auction houses (groups 73~N, 5999).
3. Automotive dealers and gasoline service stations (groups 5511--55(9).
4. Automotive repair, sen.ices and parking (groups 75 \3--7549), provided that canvashcs
abutting residential zoning districts shall he subject to the following criteria:
a. [Size of vehicles. I CaI-wash designed to serve vehicles exceeding a capacity
rating of onc ton shall not he allowed,
b, Alinillll/lll vanl.~.
(I) From yard setback: 50 feet.
(2) Side yard setback: 40 feet.
(3) Rearyal'dsetback: 40 feet.
c. Minimllmjl'OJ1lage. A carwash shall not be located on a lot with less than 150
feet of frontage on a dedicated street or high\vay,
d. Lot size. Minimum 18,000 square feel.
e, Fence re(fuil'elllcnts, If a carwash abuts a residential district, a maSOllf\' or
equivalent wall COIlstlUdcd with a dt.'Corative finish, six feet in height'shall he
erected along the lot Iille opposite the residential disuict and the lot lines
pelpendicular to tht: lot lint:s opposite the residential district for a distance not
less than] 5 feet. '111e wall shall he located within a landscaped buffer as
specified in section 2.47. All walls shall h~ protectGd by a barner to prevent
vehicles from contacting them.
f. Architecture, The huilding shall maintain a consistent architectural theme along
each building facade,
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g. Noise. A cafwash shall be subject to Ordinance No 90-17. Collier County Noise
Control Ordinance [Code ch. 54, art. IV]
h, IVashing and polishing. Tht.: washing and polishing operatinns for all car
washing facilities. including self-service car washing facilities, shall be enclosed
on at Icast two sides and shall be covered bv a mol'. Vm;uuming facilities may he
located outside thc building. hut may not he located in am required yard area,
I. HOllrs o/'operalioll. CarwashL'S abutting residential districts shall be closed from
10:00 p.m. to 7:00 a,m
), Building construction--Gcncral contractors (groups 1521--1542)
6, Building materials (groups 5211--5261).
7, Business services (g.roups 7311--7353, 7359, 73X9 contractors' disburscment directorics-
telephone. recording studios. swimming pool cleaning, and tc:\tilc designers onlv),
8. Construction--spccial trade contractors (groups 1711--1793, 1796, 17(9).
'), Education services (groups 8243--R249).
10. Motor freight transportation and warehousing (4225 mini- and sdf-storage warehousing
only),
11. Fishing, hunting lmd trapping (groups 09] 2--(919).
12. Glass and glazing work ( 17(3),
] 3. Crematories (7261).
14. Justice, public order and safety (groups 921 L 922 L 9222, 9224, 9229).
15. Local and suburhan transit (groups 4] 11--412]),
16, Mobile home dealers (527]),
17. Miscellaneous repair ser\'lees (groups 7622--7699),
18, Outdoor storage yanl. provided outdoor storage yard not be located closer thml 25 feet to
any puhlic street and that sLlch yard shall be completely enclosed, except for necessary
ingress and egress. pursuant to the requirements of Section 2.2 15 ] 12.6 of this Code. This
provision shall not allow as a permitted or accessory lISC, wrecking yards, jUllkyards, or
yards uscd in whole or part for scrap or salvage operations or for processing. slOrage,
display, or sales of any scrap, salvage, Dr secondhand building materials, jLmk automotive
ychicles. or secondhand automotivc \'ehicle pm1s,
19. Printing, publishing, and allied industries (p'Oups 2711. 2721 ),
20. Tram;portation services (groups 4724-- J 729),
2.2.1512.2.2. Uses acceSSUlJ' 10 permitted uses,
I, Uses and stlUcturcs that m'e accessory: and incidental to the uses permittcd as of tight in
the (:-5 dishict
16A19
2. Detached caretaker's residence, subject to section 2.6.16.
2.2.15 1 2.3. Conditional lIsesfiJ/' C-5. The followmg uses are permissible as conditional uses in the heavy
commercial district (C-S), subjcct to the standards and procedures c'Stablishcd in division 2,7.4.
I. Agricultural services (groups 0741--0742,0752, with outdoor kCImding).
2, Amusement and recreation services, outdoor (groups 794X, 7992, 7996, 7999).
3, Bottle clubs. (All establishments engaged in the retail sale of alcoholic ncyerages for on-
premise consumption are subject to the locational requirements of scction 2,(" I ())
4. Child day care services (8351), provided:
a. All areas and surfaces readily accessible to chiklrcn shall be free of toxic
substances and hazardous materials, This shall include all adjacent and abulting
propcrtICS lying within 500 feet of the child care center's nearest property line,
(I) For purposes of this subsection, the following definitions shall apply:
(a) Hazardous materials: A material that has ,my of the following
properties: ignitable, corrosive, reactive and/or toxic.
(b) Toxic substances: a substance which is. or is su:;pected to be.
carcinogl.:nic, mutagenic, teratogenic, or toxic to human
beings,
b. It shall not be located within sex) fC'et of the nearest property line of land uses
encompassing. wholesale storagc of gasoline, liquefied petroleum, gas. oil, or
other flammable liquids or gases.
c. It shall not be located on the same street customarily utilized by con~1.mction
truck traffic from a~'Phall plants and excavation quarries
d, It shall have a minimum lot area of 20,000 square reet (Uld a minimum lot width
of ] 00 feet
c. It shall provide a minimum usable open space of not less than 30 percent of the
total square footage of the lot area
r It shall provide that all open spaces to be used by ehildrcn will be bounded by a
fcnee of not Ics..s than five feet in height, to he cl~nstmcted of wood, masonry' or
other approved material
g, It shall provide a landscape hutfer in accord,mcc with division 2.4.
h, It shall comply with the State of Florida Department of Health and
Rehabilitative Services Child Dav Carc Standards, FIOlida Administrative Code,
charter I OM-12, eifccti\'e March 11. 1986.
1. Where a child care center is proposed ill conjunction with, and on thc same
parcel as, a facility which is a permitted use, the requirements set forth in
subparag.raphs a through h above. with the exceptions of subparagraphs d and e,
shall bc llsed to provide the protections to children using the child care center
intended by this section consistent with the development of the proposed
-~Uh19
permitted use.
5, Communications tgTOUps 4812--4841) with \.:orllmunications towers that exceed specificd
height, subject to scction 2.6.35,
6, F arm product ra,\' matelials (groups 5153--5 I 59),
7. Fuel dcak'1's (groups 5983--5(89).
8. Homeless shelters, as defined hv this Code.
9. Hotds and motels (groups 70 II, 7021, 7041 when locatcd outside an activity center.)
10. Justice, public order and safety (group (223).
II. Kiosks,
12. Local and suburban passenger transportation (groups 4131--4173).
13, Motion pidure theaters (7833, drive-ins).
14, Pennitted uses with less than 700 square feet of gross Ooor area in the principal structure,
15. Soup kitchens, as defim.xl hy this Codc,
16. Transfer stations (4212, local refuse collection and tram;portatilln only).
17. Any other heavy commen.:ial us\.: which is comparable in nature with the foregoing list of
penllitted uses and consistcnt with the purpose and intent statement of the district, as
determined by the blllU'd of Loning appeals
2.2.15 1 2.4. Dimensional slandard~. The following dimension31 standards shall apply to all permitted,
accesso~' and conditional uses in the heavy commercial disuict (C-5), Where specific development criteria
and standards also exist in the Golden Gate Master Plan. lmmokalee Mastl.:r Plan or the future hmd use
dement of the Collier County growth managemcnt plan. they shall supersede any less stringent requirement
or place additional requirements on development.
2.2.15 1 2A.I. Minimum 101 area. 10,000 square feel
2.2.15 1 2.4.2. Minillllll/llot width. 100 fecl.
2.2.15 1 2.4.3. .Hinimulllvarcl /'equiremellls,
I. Front yard 25 fed.
., S'ide yard. 15 feet.
:1. Rear yard. 15 feet.
4, AI~v J'(1rd ahulting a residential parce/. 25 feel.
5. Railroad ROlF. No setback is required from a railroad siding easement for railroad nght-
of-way
6, Waterfront. 25 feet, except none jix Illminas.
9
2.2.15 1 2.4.4. AJa'Cimum height, 35 feet
2.2.15 1 2.4.5. MinimulIl .floor area. 700 square feet gross floor area for each building on the ground noor.
2.2.15 1 2.4.6. Ala'Ci11lulIl lot coverage. (Reserved, \
2.2.15 1 2.....7. Floor area ratio. The maximum 110m area ratio for hotels and motels shall not cxeeed a
factor of 0.60. except for destination resort hotds as defined in article 6.3 where a tloor area ratio of 0,80 is
permitted,
2.2.15 I 2.4.8. AJaxi/ll/l11I liensill'. (Reserved)
2.2.15 1 2.4.9. Minimum olT-street pm*ing and off-street loading. As required in division 2,3,
2.2.151 2A.IO. Landscaping, As required in division 24.
2.2.15 I 2.4.1 I. Distance between stl1lctllres, If there is a separation bctwl.,'en any two principal structures
on the same parcel, said separation shall be a minimum of 15 fcet or a distance equal to (me-half the slim of
their heights, whichevL'1' is the greater.
2.2.15 1 2.5. Merchandise slorage and display. Unles.-, specifically pennitted for a use, outside storage or
display of merchandise is prohihited within any front yard Temporary display of merchandise during
business hours is pelmissible, provided it docs not adversely affeel pedestrian or vehicular traffic or public
health or safely, Merchandise storage and display shall be allowed within tht.: sidt.: and rt.:ar yards of lots.
2.2.15 I 2.6. Fence requirements. All pemlitted or conditional uses allowing for storag.e other than within
an enclosed building, including but not limited to storage of manufactured products. raw or finished
materials, or vt.:hicles other than vehicles intended for sale or resale, shall be required to screen such storage
areas with a fence, or equivalent landscaping or comhination thereof, not less than seven feet in height
above grotll1d level. Said fence or wall shall bc opaque in dcsign and made of masonry', wood, or other
materials approved by the Site Development Rcview Director.
2.2.1512.7. Lighting Lighting shall be located so that no light is aimed directly toward a property
designated residential if lighting is located within 200 feel of residential property.
2.2.15 1 2.8. .signs. As required in division 2.5.
2.2.15 1 2.9. Architectural and sile design slandard~. All commercial buildings and projects shall be
subject to the provisions of division 2,8.
(Ord, No. 92-73, S 2: Ord. No. 93-89. S 3: Ord, No. 94-58. S 3: Ord, No. 96-66, S 3.13.: Ord, No. 98-63, S
3.A.: Ord. No. 99-46, S 3A'. Ord. Nn 00-8. S 3.13: Ord. No. 00-43, S 3.IL Ord. No. 02-3, S 3B.: Ord. No.
02-31. S 3.1-3,)
Jimmy
16A 1.!t
From:
sent:
To:
Subject:
willoughby_c (ChrtstineWilloughbYOcolliergov.net)
Monday, June 18, 2007 9:13 AM
jimmYOcscproperties.com
FW: 06-13-07 FW: Immokalee Family Dollar project
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16A19
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
I Trans Numt>er-- I DatelP3I-(05~/2tool)a8te
r 82.3223 _~~_~~~-_=~~ -. r~/5/~()98-10:45:02 AM ~
----iPaYment Slip Nbr
PT 2008030234
Address: 110 E MAIN ST
Owner: FD IMMOKALEE LLC COA #:
Permit Type: BC3 Job Desc: SINGLE STORY BLOG #2 / SHELL BLOG
Applicant: TODD
DBA: SIL VERKING CONTRACTING INC
Swr Meter: Wtr Meter:
Payor: CSC PROPERTIES INC
Fee Information
---..-- m
Fee Code Oescriotion GL Account Amount Waived
Jm.APPf__ _ FIRE PLAN REVIEW APP FEE 11300000020910200000 U._ _ $100.00
08BAPM BLDG. PERMIT ADD IT. APP. FEE 11313890032251000000 $177.00
11 PLNRV ZONING PLAN REVIEW-PLANNING 13113832634399000000 $125.00
11SIMRV SIMULTANEOUS REVIEW 13113832634399000000 $100.QO
19APFA ADEQUATE PUBLIC FACILITIES APP 13113890232253000000 $100.00
Total $602.00
Payments
Amount I
$602.00
$0.00 I
$602.00
$602.00-1
Total Cash
Total Non-Cash
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Pa ent Code
CHECK
Account/Check Number
3125
Total Paid
Memo:
Cashier/location: HILLCAROL / 1
User: DIAZ_M
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:3/5/2oo8 10:45:30 AM
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Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number
: 823225
Date
3/51200810:45:37 AM
Post Date
3/512008
Address: 104 E MAIN ST
Owner: FD IMMOKALEE LLC COA #:
Permit Type: BC3 Job Desc: SINGLE STORY RETAIL BLOG #1/IMMOKALEE DOLLAR STORE
Applicant: TODD
DBA: SIL VERKING CONTRACTING INC
Swr Meter: Wtr Meter:
Payor: CSC PROPERTIES INC
Fee Information
Fee Code Descriotion GL Account Amount Waived
08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $291.49
08BAPM BLDG. PERMIT ADD IT. APP. FEE 11313890032251000000 $1365.00
11 PLNRV ZONING PLAN REVIEW-PLANNING 13113832634399000000 $125.00
11 SIMRV SIMULTANEOUS REVIEW 13113832634399000000 $100.00
19APFA ADEQUATE PUBLIC FACILITIES APP 13113890232253000000 $100.00
Total $1981.49
Payments
Account/Check Number
3125
Amount
$1981.49
Total Paid
$0.00
$1981.49 I
$1981.491
Total Cash
Total Non-Cash
Memo:
Cashierllocation: HILLCAROL 1 1
User: DIAZ_M
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:315/2oo810:45:55 AM
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16A 20
lmmokalee Time Line
1/28/07 - Called Collier County Zoning - they verified C-5 zoning - no overlay or
special requirements needed
2/13/07 - Pre - App meeting - again confirmed C-5 zoning
4/17/07 - Call Zoning again - spoke with David Hedrick - confirmed C-5 - specifically
asked if this was in the Main Street Overlay District - he stated no - overlay district did
not applied to this property
4/19/07 - Christine Willoughby called our engineer stating this was in the overlay district
and faxed regulations,
4/23/07 - Ross Gockenhaur called confirmed property was in fact in the overlay district
and admitted the zoning department had made the mistake - offered to refund pre-app fee
7/18/07 - Received email from Christine Willoughby / Susan Istenes that the revised site
plan met the intent of the overlay district
7/26/07 - Submitted site plans
8/24/07 - Received first round of comments for planning
11/01/07 - Resubmitted site plans
12/05/07 - Received second round of comments
1/8/08 - Resubmitted site plans
217108 - Received third round of comments (landscape only)
2/26/07 - Received pre-approval letter
3/5/08 - Submitted for building permits
16 A 20
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
(i)
2800 NORTH HORSESHOE DRIVE
MAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST
[j1 SOP
DSDP Amendment
Date: 2/I?:;J 67 Firm: (sL Pro.fA1L' Applicant: ~llY'V'Y"-Y Wa\ \Lct.r
Project Name: h~~\'f ~n \\a.r I~ T""" rv-b\'-a\" <1'- .
Proposed # of Residential Units: Proposed Commercial Square Footage: )0 II ~O
Project Addr/Location:
Size of Project Site:
(, :517
acres
SOP # for Amendments
Zoning/Condo Use/PUD:
(Circle One)
Is SDP within a plat? Provide name and AR#:
C-5
Ord.lRes.#:
Meeting Attendees (attached sign in sheet)
Assigned Planner: Un.~f'\CL ~;tl n~h6u..
---
::lace 1 of 9
G:\Current\New Pre-Application Forms 2006\SDP-SDPA Site Development Plan Pre-application.doc
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Sec. 2.2.15 1 2.!Heavy commel'cial district (C-5).
2.2.1512.1. PlIJpose and in/em. In addition to the uses provided in the C-4 zoning district the heavy
commercial district (C-S) allows a nmge of more intensive commercial uses and services which are
generally those uses thattenu tll utilize outdoor :-.VClce 1Il the eonduct or the husim:ss. 111e C-5 district
permits heavy commercial services such as full-service automotive repair, and establishments primarily
engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and
air conditioning services. and similar uses that typically havc a need to store constructIOn associated
equipment and supplies within ml cnclosed structurc or have showrooms dIsplaying the building material
for which they ~;pccialize. Outdoor storage yards arc pel1Tlitted with the requirement that such yards are
completely enclosed or opaquelY screened. The C-5 distJict is permitted in accordmlce with the locational
eritelia for commercial and the goals. o~iectives and pohcic,; as id.~ntified in the future land use clement of
the Collier County growth management plan.
2.2.1512.2. Pe17l1i11eduses. The following uses, as identified within [withl a numherfrom the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this section, are pennittcd as or
right, or as uses accessory to permitted uses in the heavy commercia! district (C-5).
2.2,15 1 2.2,1. Permitted lIses.
I, Unless otherwise provided for in t!llS section, all permitted uses in the C-4 general
commcrcial distJict.
2, Auctioneeling/auction houses (groups 7389, 59(9),
3, Automotive uea!crs and gasoline service stations (groups 5511--5599),
4 Automotive repair. services and parking (groups 7513--7549). provided that carwashes
abutting residential zoning districts shall be subject to the following criteria:
a. [Size o( whicles.1 Canvash clc-siJ:,'l1oo to sen'e vehicles exceeding a capacity
rating or one ton shall not be allowed,
b. AJinilllllJII yard~.
(I) From .vanl sethack: 50 feel.
(2) S'ide va/'{! setback: 40 teet,
(3) Rear yard setback: 40 feet.
c. Alinimumfi'omage. A earwash shall not he located on a lot with less than 150
feet of frontage on a dedicated street or highway.
d. Lot size, Minimum 18,000 square feet.
e. Fence re(jliirelllefl(s. If a carwash abuts a rc-sidcntial district, a masonrv or
equivalent wall constructed with a decorative finish, six feet in height'shall be
ereeted along the tot Iille opposite the residential dislIict and the lot lines
perpendicular to thc lot lines opposite the residential district for a distance not
less than 15 feet. 'lbe wall shall be located withm a landscaped buffer as
specified in section 2.4.7, All walls shall bc protected by a barrier to prevcnt
vehicles from contacting them.
f Architecture. The building shall maintain a consistent architectural theme along
each building facade,
g. Noise. A carwash shall be subject to Ordinance No, 90-17, Collier County Noise
Control Ordinance fCodc ch, 54, art. IV',
h. Washing and polishing. The washing and polishing operations for all car
washing facilitit:s, including self-service car washing. racilities. shall be enclosed
on at kast two sidcs and shall be covercd b" a rooL Vacuuming,lucilities may be
located outside thc building. hut may not be located in any required yard arca.
l. Hours oloperalion Carn-ashes abutting residential distticts shall bt: closed from
10:00 p,m to 7:00 am
5, Building construction--Gcneral contractors (groups 1521--1542)
G. I~ui Iding materials (groups 5211--52(1).
7. Busines." services (groups 7311--7353.7359. 7389 contrm.:tors' disbursement, directorics-
telephone, recording studios. swimming pool cleaning, ami textile designers only),
8, ConstlUclion--spccia] trade contractors (groups 171 J --] 793. ] 796. 1799).
9. Education services (groups 8243--8249).
10. Motor freight transportation and ward10using (4225 mini- and self-storage \varehousing
only).
II. Fishing. hunting and trapping (groups 0912--(919).
12. Glass and glazing work (1793),
13. Crematories (7261),
14. Justice, public order and sarety (groups 9211, 9221. 9221, 9224, 9229),
15, Loca] and suburban transit (groups 4111--4121 j,
16. Mobilc home dealers (5271)
17. Miseellancous repair services (groups 7622--7699).
18. Outdoor storage yard, provided outdoor storage yard not be located closer than 25 feet to
any public street and that such yard shall he completely enclosed, cxcept ror necessary
ingress and egress. pursuant to the requiremcnts of Section 2,2 15 1/2.6 or this Code, This
provision shall not allow as a pem1illed or aCCeSSOI) use. wrccking yards, junkyards, or
yards used in whole or part for scrap or salvage operations or for proccssing, storagc,
display, or sales or any scrap. salvage. or sccondhand puilding materials, junk automotive
vehicles. or secondh1md automotive vehicle parts,
19. Plinting, publishing, and allied industries (groups 2711. 1721).
20. Transportation services (groups 4724-- 1729),
2.2.1512.2.2. Uses accessO/}' 10 per11lilled /lses,
I. Uses and stmctures that tU't: accessory and incidental to the uses permitted as of right in
the C-5 distm.:t
16A20
2. Detached caretaker's residence, sub1ect to section 2.6, [6
2.2.15 1 2.3. Conditional uses j(Jr ('-5. The following uses are permissible as conditional uses in the heavy
commercial district (C-5), subject to the ~1andards and procedures L-stahlished in division 2.7.4,
I, Agricultural services (groups 0741--0742,0752, with outdoor kelllieling}
2, Amusement and recreation st'rviccs, outdoor (groups 794K 7992. 7996, 7999).
3. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on-
premise consumptiun are subject to thc locational rcquin::ments of section 2,(), In.)
.:.[ Child day care services (8351), providcd:
a, All areas and surfaces readily accessible to children shall be free of toxic
substances and hazardous materials. This shall include all adjacent and abutting
properties lying within 50n feet of the child care center's nearest property line.
(I) For pw-poscs of this subsection, the following definitions shall apply:
(a) [lazardous matelials: ^ matenal that has any of the following
properties ignitable, corrosive, reactive and/or toxic.
(b) TOXIC substances: a substance which is. or is suspected to be,
carcinop.enie, mutagenic, teratogcnic, or toxic to human
beings,
b, It shall not be located w'ithin 500 fcet of the nearest property linc of land uses
encompassing vyholesa\e storag.c of gasoline, liquefied petroleum, gas, oil, or
othcr nammablc liquids or gases,
c, It shall not be 10cat<..'<.I Oil the same street customarily utilized by con~1ruction
truck traffic from asphalt plants and excavation quarries
d, II shall have a minimwn lot area of 20,000 squarc rcet ,md a minimum lot width
of 100 feeL
e, It shall provide a minimum usable open space of not less than 30 percent of the
total square footage of the lot area
f It shall provide that all open spaces to be used by children will be bounded by a
fence or not less thilll five fect in height, to he constructed of wood, masonry or
other approved matclial.
g. It shall provide a landscape buffer in aecord,mce with division 2.4
h. It shall comply wiLh the State of Floriua Depm1ment of Health and
Rehabilitative Services Child Dav Care Standards. Florida Administrative Code,
chapter IOM-12, effective March 11, I 98tl.
1. Where a chilu care center is proposed in conjunction with, and on the same
parcel as, a facility which is a pcrmitted use, the requircments sel forth in
subparagraphs a through h above, with the exceptions of subparagraphs d and c.
shall be used to provide the protections to chiluren using the child care center
intended hy this sc..'Ction consistent with thc development of the proposed
16A20
permitted use.
5. Communications (h'fOUPS 4812--4841) with cummunications towers that exceed ,';peciricd
height, subject to section 2.6,15
6. F mm product ra\\' materials (groups 5153--5159),
7. Fud dcak'rs (groups 5983--5989)
8. Homekss shelters. as defined b\' this Code.
9, Hotels and motels (groups 70 II. 7021, 7041 when located outside an activity center.)
10. Justice, public order and safety (group (223),
II, Kiosks.
12. Local and suburban passenger transpOltation (groups 4131--4171).
13. Motion picture theaters (7833, drive-ins)
14. Pemlittcd uses with less thun 700 square feet of gross 11001' area in the principal structure.
15. Soup kitchens, as defined bv this Code.
16, Transfer stations (4212.loeal refuse collection ~md transT'ortation only).
17. Any other heavy commercial use which is comparable in nature with the foregoing list of
permitted uses and consistent with the purpose and intent stakment of the district. as
dctermined by' the board or zoning appeals,
2.2.15 1 2.4. Dimensional s/andard~. The following dimensional standards shall apply to all permitted.
accessory and conditional uses in the heavy commercial district (C-5). Where specific development criteria
and standards also c\:ist in the Goldcn Gate Master Plan. Immokalee Master Plan or the future land use
element of the Collier County growth management plan, they shall supersede any less stringent requircmcnt
or place additional requirements on development.
2.2.15 1 2.4.1. Afinilllu/1I lot area. 10,000 squan; ICeL
2.2.15 I 2.4.2. .\linifltUl/l lot width 100 feet.
2.2.15 1 2.-&.3. AJinil1lum vanl requirements,
I. Front yard 25 k-et.
2 Side vard. 15 fceL
3. Rear vard 15 teet
4 Any yard abutting a residential parcel. 25 feet.
5. Railroad ROIl'. No setback is required ii'om a railroad siding casement for railroad right-
of-\vay,
6. IVatelji'ont. 25 feet, except nonc for marinas
16A20
2.2.15 I 2.4.4. M(L\'imu/1/ height. 35 ket
2.2.15 12.4.5. ;\/inil1lll/1/jloor area. 700 square fect gross 11001' ~m;a for each building on the ground 1100r.
2.2.15 1 2.4.6. Al(L'(i11lul1l lof coverage. (Reserved, \
2.2.15 1 2.4.7. Floor area ratio. The ma:-.:imum noor urea ratio for hotels und motels shall not e:-.:ceed a
factor 01'0,60. e:-.:cept for destination resort hotels as defincd in article 6,3 where a tloor area ratio 0[0.80 is
pennilted,
2.2.15 I 2.4.8. Maximum density. (Reserved)
2.2.1512.4.9. Minimum olT-streer parking and o.lFstreelloading. As required in division 2.3.
2.2.1512.4.10. Landscaping. As required in division 2.4.
2.2.15 1 2.4.11. Distance herween srr/lctures. If there is a separation betwecn any two ptincipal structurcs
on the same pared, said separation shall be a minimum of 15 feet or a distance equal to <me-half the sum of
their heights, whichever is thc greater.
2.2.15 I 2.5. Merchandise storage and display. Unless specifically permitted for a use, outside storage or
di,.,pla\ of mcrchandise is prohihitcd within am front yard. Temporary display of merchandisc during
business hours is permissible, provided it docs not adversely affect pcdestIian or vehicular traffic or public
health or safd\' Merchandise storage and display shall be allowed within the side and rear yards of lots
2.2.15 1 2.6. Fence requirements. All pemlined or conditional uses allowing fIX storage other than within
an enclosed building, including hut not limikd to storage of manufactured products, raw or finished
materials, or vehicles other than vehicles intended for sale or resale, shall be required to screen such storage
areas with a fence, or equivalent landscaping or comhination thereof, not less than seven fed in height
above grow1J level. Said fence or wall shall be opaque in design and made of masonry, wood. or other
materials approved by the Site Development Review Director
2.2.15 I 2.7. Ughring. Lighting shall be located so that no light is aimed directly toward a property
designated residential if lighting is located \\ithin 200 feel of residential property_
2.2.15 1 2.8. Signs. As required in division 2,5
2.2.15 12.9. .4rcllitectural alld sile design Sfalldard~. All commercial buildings and projects shall be
subject to the provisions of division l.X
(Ord. No. 92-73, S LOrd. No, 93-g<l, !l 3: Ord. No, 94-58,!l 3: Ord, No, 96-66.!l 3.13.: Ord. No, 98-63, S
3.A.: Ord. No. 99-46, S 3A.. Ord, No. 00-8, !l3.!L Ord. No. 00-43, ~ 313: Ord. No. 02-3, S UL Ord. No.
02-3 L S 3.13.)
Jimmy
16 A 2C
From:
Sent:
To:
Subject:
willoughby_c [ChrtstineWilloughby@colliergov.net]
Monday, June 18, 20079:13 AM
jimmy@cscproperties.com
FW: 06-13-07 FW: Immokalee Family Dollar project
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Official Receipt - Collier County Board of County Commissioners
COPR1103 - Official Receipt
I TransNumber---- I __LEe
182~2?3 _~~_~_-~~=~ - - .~~~i90810:45:021\M---=&~7~~~e
I Payment Slip Nbr
PT 2008030234
Address: 110 E MAIN ST
Owner: FO IMMOKALEE LLC COA #:
Permit Type: BC3 Job Desc: SINGLE STORY BLOG #2 I SHELL BLOG
Applicant: TODD
DBA: SIL VERKING CONTRACTING INC
Swr Meter: Wtr Meter:
Payor: CSC PROPERTIES INC
Fee Information
-----
Fee Code Oescriotion GL Account Amount Waived
~~EP.f _ FIRE PLAN REVIEW APP FEE 11300000020910200000 0-. _ $100.00
08BAPM BLDG. PERMIT AOOIT. APP. FEE 11313890032251000000 $177.00
11 PLNRV ZONING PLAN REVIEW-PLANNING 13113832634399000000 $125.00
11 SIMRV SIMULTANEOUS REVIEW 13113832634399000000 $100.00
19APFA ADEQUATE PUBLIC FACILITIES APP 13113890232253000000 $100.00 --
Total $602.00
Payments
Account/Check Number
3125
Amount I
$602.00
$0.00 I
$602.00 ,
$602.00 I
Total Cash
Total Non-Cash
Total Paid
Memo:
Cashier/location: HILLCAROL / 1
User: DIAZ_M
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:3/5/200810:45:30 AM
16 A 20
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
, Trans Number
:823225
Date
3/5/2008 10:45:37 AM
Post Date
3/5/2008
Address: 104 E MAIN ST
Owner: FD IMMOKALEE LLC COA #:
Permit Type: BC3 Job Desc: SINGLE STORY RETAIL BLDG #1/IMMOKALEE DOLLAR STORE
Applicant: TODD
DBA: SILVERKING CONTRACTING INC
Swr Meter: Wtr Meter:
Payor: CSC PROPERTIES INC
Fee Information
Fee Code Descriotion GL Account Amount Waived
08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $291.49 .-
08BAPM BLDG. PERMIT ADDIT. APP. FEE 11313890032251000000 $1365.00
11 PLNRV ZONING PLAN REVIEW-PLANNING 13113832634399000000 $125.00
11 SIMRV SIMULTANEOUS REVIEW 13113832634399000000 $100.00
19APFA ADEQUATE PUBLIC FACILITIES APP 13113890232253000000 $100.00
Total $1981.49
Payments
Total Paid
Amount
$1981.49
$0.001
$1981.49.
$1981.491
AccounUCheck Number
3125
Total Cash
Total Non-Cash
Memo:
Cashier/location: HILLCAROL / 1
User: DIAZ_M
Collier County Board of County Commissioners
CD-Plus for Windows 951NT
Printed:3/51200810:45:55 AM
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~fdt:...A 21
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT~ . i: .
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action 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 signature, draw a line through routing 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)
1. Judy Puig CDES Crl6> tl\<fd}D8
2. Sue Filson, Executive Manager Board of County Commissioners
3.
4.
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 of the addressees above, including Sue Filson, need to contact staft'for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Bendisa Marku Phone N urn ber 213-5892
Contact
Agenda Date Item was 4.. ~;)..Dg Agenda Item Number 16A ~ .
Approved by the BCC
Type of Document Executive Summary Number of Original 9
Attached Release & Satisfaction of Lien 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 0 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
BM
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
N/A
N/A
BM
BM
~
I: Forms! eounty Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9,03,04. Revised 1,26,05, Revised 2,24,05
EXECUTIVE SUMMARY
1 c6,ft21
Recommendation to approve the Release and Satisfactions of Lien for payments
received for the following Code Enforcement actions
OBJECTIVE:
To approve execution and recording of the Release and Satisfactions of Lien,
acknowledging compliance and recovery of fines and fees related to prosecution of Code
Enforcement matters.
CONSIDERATIONS:
Reference Owner of Record Property Address Lien
Amount
OSM Case No. Raymond Bennett, Terry Bennett, and
2005-090898 Richard F. Berman 5465 Collins Ave., Naples, FL $124.59
OSM Case No.
2006- 070429 Jacqueline Rae Folio No. 62849480007 $277.95
OSM Case No.
2004-060676 Randall & Peggy Fredrickson Folio No. 76210800008 $255.00
OSM Case No.
2007- 040331 Constance England, et aI, Tr, Folio No. 00775160107 $695.00
OSM Case No.
2006030227 Rosemary Montbleau Folio No.4 7870680008 $790.25
OSM Case No. SO
148027, 148013 &
148023 Linda Granata Folio No. 38045040000 $300.00
CEB Case No.
2005-05 Jean-Baptist Lamour Folio No. 77161160003 $377.01
CEB Case No.
2004-029 Guy and Melinda Fracasso 1823 Tamiami Trail N. $1,500.00
Resolution No.
98-437 J. T. Gaunt Folio No. 56408540000 $3,835.20
TOTAL $8,155.00
FISCAL IMPACT:
Costs incurred by the County are costs of recording the Release and Satisfactions of Lien
estimated to be $10.00 per release, totaling $90.00, which is budgeted and available in
the current fiscal year Code Enforcement budget.
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
Rev 12/06
16/121
RECOMMENDATION:
That the Board of County Commissioners approve the Release and Satisfactions of Lien.
PREPARED BY:
Bendisa Marku, Operations Coordinator, Code Enforcement
Rev 12/06
This instrument prepared by:
Bendisa Marku
Collier County Code Enforcement
2800 N, Horseshoe Drive
Naples, Florida 34104
(239) 252-5892
*** 4157226 OR: 4353 PG: 1629 ***
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY. FL
04/25/2008 at 09:37AK DWIGHT B. BROCK. CLBRK
RBC FBB
COPIBS
10,00
1. 00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
HXT 7240
1'(, A 21
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated December 7, 2007, a certified copy of which was recorded on January 16,
2008, in O.R. Book 4321, Pages 0671-0672, 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 Raymond Bennett, Terry Bennett, and
Richard F. Berman, has been discharged in full:
Raymond Bennett, Terry Bennett, and Richard F. Berman
5465 Collins Ave.
Naples, FL 34113
Folio No.
Payment:
Reference:
62202840006
$124.59
OSM Case No. 2005-090898
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 Raymond Bennett, Terry Bennett, and Richard F. Berman, and
consents to this lien being discharged of record.
Dated this ~1'\6 day of Ati. \
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Approved as to form and
~
JeffE. ri t
Assista t County Attorney
This instrument prepared by:
Shirley Garcia
Collier County Code Enforcement Department
2800 N, Horseshoe Drive
Naples, Florida 34104
(239) 252-2994
*** 4157227 OR: 4353 PG: 1630 ***
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY. FL
04/25/2008 at 09:37AM DWIGHT E. BROCK. CLERK
RBC FEE 10,00
COPIES 1.00
Retn:
CLERK TO THE BOARD
INTEROFFICB 4TH FLOOR
EXT 7240
1 f> ~21 '
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Special Master dated January 19, 2007, a certified copy of which was
recorded on January 25,2007, in O.R. Book 4174, Pages 0021-22, 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 Jacquelyn Rae, has been
discharged in full:
Jacqueline Rae
Naples Park Unit 6, Blk 79, Lot 9
Folio No.:
Payment:
Reference:
62849480007
$277.95
OSM Case No. 2006-070429
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 Jacquelyn Rae, and consents to this lien being discharged of
record.
Dated this d)'\tl day of ~(~\
,2008.
ATTEST:,.,
DWIGHT E. BROC~,.'<;lerk
.,' I"
. ,..,."
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Attest !. t{) OIa 1 r1Dan
signature oolv,:. ~", .
By:
.
Approved as to form and
legal fficiency:
.
This instrument prepared by:
Shirley Garcia
Collier County Code Enforcement Department
2800 N. Horseshoe Drive
Naples, Florida 34104
(239) 252-2994
*** 4157228 OR: 4353 PG: 1631 ***
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL
04/25/2008 at 09:37AK DWIGHT E. BROCK. CLERK
REC FEE 10.00
COPIES 1.00
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
BKT 7240
RELEASE AND SATISFACTION OF LIEN
1 o'A2t~'
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Special Master dated July 6, 2007, a certified copy of which was recorded
on July 31, 2007, in O.R. Book 4264, Page 0563, 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 Randall and Peggy Fredrickson,
has been discharged in full:
Randall and Peggy Fredrickson
W H Surency Blk 4 S Yz of Lots 25 & 26
Folio No.:
Payment:
Reference:
76210800008
$255
OSM Case No. 2004-060676
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 Randall and Peggy Fredrickson, and consents to this lien being
discharged of record.
Dated this d)1\,J day of 'A-~(, \
,2008.
ATTEST:
DWIGHT E. BROCK~ Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~Y:~NN~
Approved as to form and
legal sufficiency:
This instrument prepared by:
Shirley Garcia
Collier County Code Enforcement Department
2800 N, Horseshoe Drive
Naples, Florida 34104
(239) 252-2994
*** 4157229 OR: 4353 PG: 1632 ***
RBCORDBD In OPFICIAL RBCORDS of COLLIBR COUNTY, PL
04/25/2008 at 09:37AM DWIGHT B. BROCK, CLERK
RBC PBE
COPUS
10.00
1.00
Retn:
CLBRK TO THE BOARD
INTEROPPICE 4TH PLOOR
EXT 7240
16A21'"
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Special Magistrate dated November 16, 2007, a certified copy of which was
recorded on December 10, 2007, in O.R. Book 4309, Page 3588, 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 Constance England, et aI., Ir.,
has been discharged in full:
Constance England, et aI, Tr.
Folio No.:
Payment:
Reference:
00775160107
$695
OSM Case No. 2007-040331
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 Constance England, et aI., Tr., and consents to this lien being
discharged of record.
Dated this ~~"d day of ~~(,\
,2008.
ATTEST:. )! r
DWIGI;IT E. BROCK~ Clerk
By:
Attest 11 'to Chff iin
siQnature onl~..':
BOARD OF COUNTY COMMISSIONERS
COLLIERYUNTY, F ORillA.
By: :J'fYt
TOM HENNING, CHAIRM
Approved as to form and
legal sufficiency:
This instrument prepared by:
Shirley Garcia
Collier County Code Enforcement Department
2800 N. Horseshoe Drive
Naples, Florida 34104
(239) 252-2994
*** 4157230 OR: 4353 PG: 1633 ***
RECORDED In OPPICIAL RECORDS of COLLIBR COUNTY, PL
04/25/2008 at 09:37AM DWIGHT E. BROCK. CLBRK
RB C PEE
COPIES
10.00
1. 00
Retn:
CLERK TO THE BOARD
INTEROPFICE 4TH PLOOR
EXT 7240
16A21
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Special Master dated January 19, 2007, a certified copy of which was
recorded on January 25,2007, in O.R. Book 4174, Pages 0011-12, 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 Rosemary Montbleau, has
been discharged in full:
Rosemary Montbleau
Guilford Acres, Block A, Lot 14 North 80 feet
Folio No.:
Payment:
Reference:
47870680008
$790.25
OSM Case No. 2006-030227
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 Rosemary Montbleau, and consents to this lien being
discharged of record.
Dated this ~~.cJ day of
A~t~ \
,2008.
ATTEST: . ,:
. ,,' .... I-
DWIGHT,E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~.
By: __
o ENN G, CHAIRM7
.:, cJ 1
Approved as to form and
lega sufficiency:
,
Wright
ant County Attorney
This instrument prepared by:
Bendisa Marku
Collier County Code Enforcement
2800 N. Horseshoe Drive
Naples, Florida 34104
(239) 213-5892
*** 4157231 OR: 4353 PG: 1634 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
04/25/2008 at 09:37AM DWIGHT B. BROCK. CLBRK
REC FEB
COPIES
10.00
1. 00
Retn:
CLERK TO THE BOARD
INTEROFFICB 4TH FLOOR
EXT 7240
1 ~ ~ 21'
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated September 1, 2006, a certified copy of which was recorded on September
12, 2006, in O.R. Book 4104, Page 1067, 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 Linda Granata, has been discharged in full:
Folio No.:
Cost:
Reference:
38045040000
$300.00
OSM Case No. SO 148027, 148013 & 148023
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
Linda Granata, and consents to this lien being discharged of record.
Dated this ~~.J day of ---A.~("~ \
,2008.
ATTEST:, .....
DWIGfIT E. BROCK, ~Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Approved as to form and
legal sufficiency:
t
County Attorney
This instrument prepared by:
Bendisa Marku
Collier County Code Enforcement Dcpartment
2800 N. Horseshoe Drive
Naples, Florida 34104
(239) 213-5892
*** 4157232 OR: 4353 PG: 1635 ***
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL
04/25/2008 at 09:37AK DWIGHT B. BROCK, CLERK
REC FEE 10.00
COPIES 1.00
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT 72 40
16~2t~
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Board dated August 1, 2005, a certified copy of which was recorded on
August 12, 2005, in O.R. Book 3866, Pages 2655-56, 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 Jean-Baptist Lamour, has been
discharged in full:
Jean-Baptist Laillour
1812 Leed Avenue
Immokalee, Florida 34142
Folio No.:
Payment:
Reference:
77161160003
$377.01
CEB Case No. 2005-05
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 Jean-Baptist Lamour, and consents to this lien being
discharged of record.
Dated this ddM1 day of A fC; \
, 2008.
ATTEST:. ~; .
DWIOHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Approved as to form and
~
Jeff. right
Assist nt County Attorney
This instrument prepared by:
Bendisa Marku
Collier County Code Enforcement
2800 N. Horseshoe Drive
Naples, Florida 34104
(239) 252-5892
*** 4157233 OR: 4353 PG: 1636 ***
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY. FL
04/25/2008 at 09:37AM DWIGHT B. BROCK, CLBRK
REC FBE 10.00
COPIBS 1.00
Retn:
CLBRK TO THE BOARD
INTEROFFICB 4TH FLOOR
EXT 7240
16A21
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Board dated September 29, 2004, a certified copy of which was recorded on
October 4, 2004 in O.R. Book 3653, Pages 2871-2872 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 Guy & Melinda Fracasso, has been
discharged in full:
Guy & Melinda Fracasso
1823 Tamiami Trail N.
Naples, FL
Folio No.:
Cost:
Reference:
62410760004
$1,500.00
CEB No. 2004-029
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 Guy & Melinda Fracasso, and consents to this lien
being discharged of record.
Datedthis ~~Mdayof~fL\
,2008.
ATTEST: . )..
DWIGHI-E. BROC'K"Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
.
By: 8y:
attest " to Cha 1 MrMrP .' D puty Clerk
S 1 gnature On.} ~
Approved as to form and
legal sufficiency:
~~
~
Jeff. right
Assis nt County Attorney
This Instrument Prepared By:
Shirley Garcia, Administrative Secretary
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2994
*** 4157234 OR: 4353 PG: 1637 ***
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY, FL
04/25/2008 at 09:37AM DWIGHT B. BROCK. CLBRK
RBC FBE 10,00
COPIBS 1,00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
EXT 7240
16A21
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain lien by Resolution No. 98-437 against:
J T Gaunt
5312 1th Avenue SW
Naples, FL 34116
The lien was recorded on 12/04/1998 in Official Records Book 2487, Pages 3412-3413,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of One Thousand Nine Hundred-Forty and zero cents, plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier
County, Florida, which property is described as follows:
Lot 21, Block 6, Mainline Subdivision of Immokalee, Florida, as
recorded Plat Book 1, Page 98, and Public Records of Collier County,
Florida
Cost: $3,835.20
References: 71216-021
Folio: 56405840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of the Satisfaction
of Lien, by acti~,n ~f the Board on this ;).~Nt day of ~f~" , 2008.
ATTEST :;, BOARD OF COUNTY COMMISSIONERS
DWIGHT 1;., BRQC~, Clerk COLLIER CO TY, FLO IDA
By:
By:
.
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 OtTice. 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
16A '2. '~',
exceDtion of the Chairman's signature, draw a line throue:h routine: lines #1 throue:h #4, comDlete the checklist, and forward to Sue Filson line#S).
Route to Addressee(s) Office Initials Date
(List in routine: order)
1.Judy Puig CDES Administration Citi y 1 d"') D~
2. vv
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 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 Robert Wiley Phone Number 252-5858
Contact
Agenda Date Item was April 22, 2008 Agenda Item Number 16(A)(22)
Aooroved by the BCC
Type of Document Agreement Number of Original 2
Attached 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 Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from ()J
contracts, agreements, etc. that have been fully executed by all parties except the BCC 1}1
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain (},Q
time frame or the BCC's actions are nullified. Be aware of our deadlines! 1) \
6. The document was approved by the BCC on (enter date) and all changes
made during the meeting have been in corpora d in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
N/A (Not
A licable)
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2,24.05
1.6A22~
MEMORANDUM
Date: April 24, 2008
To: Robert C. Wiley, P.E.
Principal Project Engineer
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Contract #4600001351 - Collier Topographic Survey LiDAR
(Light Detection & Ranging) Project
Enclosed please find two (2) originals of the document as referenced above
(Agenda item #16A22), as approved by the Board of County
Commissioners on Tuesday, April 22, 2008.
Please forward on for all signatures and return a fully executed original
document for the BCC Official record to the Minutes and Records
Department.
If you should have any questions, please call me at 252-7240.
Thank You.
Enclosure (2)
16A22
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Overnight Delivery
26671965051
April 3, 2008
Mr. Robert C. Wiley, PE, CFM
Collier County
Engineering and Environmental Services Department
2800 North Horseshoe Drive
Naples, FL 34104
Dear Ms. Lee:
Subject:
Contract # 4600001351
Collier County Topographic Survey LiDAR
(Light Detection & Ranging) Project
Please find enclosed two (2) copies of the subject document. Please have them signed
by an individual with signature authority on behalf of your organization. Please include
documentation to demonstrate official delegation of signature authority up to the contract
monetary limits.
Please return both copies to my attention, along with, if applicable and not previously
submitted, a Certificate of Insurance reflecting the required coverage(s). .Q.o not date t~
documents~ a fully signed document will be returned to you upon execution by the South
Florida Water Management District (District). Note that this document is not binding on
the parties until it is approved by the appropriate level of authority within the District and
executed by both parties.
Your cooperation and timely response will be greatly appreciated. Should there be any
questions, or if you require any additional information, please contact me.
Sincerely,
~e~9-I\l-~ '
Contract Specialist
Procurement Department
rgiroux@sfwmd.gov
(561) 682-2532
FAX: (561) 681-6275
RG/jcs
Enclosure
c: Tim Howard MSC-2281
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045
Mailing Address: PO, Box 24680, West Palm Beach, FL 33416-4b80 . wwwsfwmd,gov
16A22
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600001351
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMNET DISTRICT
AND
COLLIER COUNTY
THIS AGREEMENT is entered into as of the day of , 2008, by and
between the South Florida Water Management District (DISTRICT) and Collier County
(COUNTY).
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created
by the Florida Legislature and given those powers and responsibilities enumerated in
Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private
corporations or other persons; and
WHEREAS, the DISTRICT desires to provide financial assistance to the
COUNTY to develop topographic maps for use with local and regional flood protection and
stormwater management planning; and
WHEREAS, the COUNTY warrants and represents that is has no obligation or
indebtedness that would impair its ability to fulfill the terms and conditions of this
AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT at its AprillO, 2008 meeting,
approved entering into this AGREEMENT with the COUNTY;
NOW, THEREFORE, in consideration of the covenants and representations set
forth herein and other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties agree as follows:
1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the
work set forth in Exhibit "A" attached hereto and made a part hereof, and for which
funds are budgeted in accordance with their respective authorities to contract for the
development of topographic maps.
2. The period of performance of this AGREEMENT shall commence on the date of the
execution of this AGREEMENT and shall continue for a period of One (1) year.
Page I of9, Agreement 460000135]
16A22
3. The total DISTRICT contribution shall not exceed the amount of Four Hundred Ninety
Six Thousand, Four Hundred Five Dollars and Fifty Cents ($496,405.50). The
DISTRICT will provide the full amount based on the Payment and Deliverable
Schedule set forth in Exhibit "A", which is attached hereto and made a part of this
AGREEMENT. The DISTRICT's contribution is subject to adequate documentation
to support actual expenditures within the not-to-exceed AGREEMENT funding
limitation of $496,405.50. Upon execution and approval of this AGREEMENT by both
parties, the COUNTY shall invoice the DISTRICT the full amount of the
AGREEMENT ($496,405.50).
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The COUNTY shall report and document the amount of funds
expended per month during the quarterly reporting period and the AGREEMENT
expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total approximate amount of Five Hundred Fifty
Five Thousand, Eight Hundred Fifty Three Dollars and Fifty Cents ($555,853.50) in
conformity with the laws and regulations governing the COUNTY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A",
Statement of Work, which is attached hereto and made a part of this AGREEMENT.
The COUNTY shall submit quarterly progress reports detailing the status of work to
date for each task. The work specified in Exhibit "A" shall be under the direction of the
COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized
through execution of an amendment to cover succeeding periods.
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
COUNTY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The COUNTY agrees to be responsible for the fulfillment of work elements included in
any subcontract and agrees to be responsible for the payment of all monies due under
any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract( s).
8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work
items, including but not limited to, all documents, technical reports, research notes,
scientific data, computer programs, including the source and object code, which are
developed, created or otherwise originated hereunder by the other party, its
subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A",
Statement of Work. Both parties' rights to deliverables received under this
AGREEMENT shall include the unrestricted and perpetual right to use, reproduce,
modify and distribute such deliverables at no additional cost to the other party.
Notwithstanding the foregoing, ownership of all equipment and hardware purchased by
Page 2 of9, Agreement 4600001351
lb~22
termination date shall be returned to the DISTRICT within sixty (60) days of
termination.
15. The COUNTY shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY
assert any exemptions to the requirements of Chapter 119 and related Statutes, the
burden of establishing such exemption, by way of injunctive or other relief as provided
by law, shall be upon the COUNTY.
16. The COUNTY shall maintain records and the DISTRICT shall have inspection and
audit rights below. The COUNTY shall similarly require each subcontractor to maintain
and allow access to such records for audit purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including supporting documentation for any service
rates, expenses, research or reports. Such examination may be made only within five (5)
years from the expiration date of this AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this AGREEMENT. Such examination may be
made only within five (5) years from the expiration date of this AGREEMENT.
C. Extended A vailabilitv of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, the COUNTY shall extend the period of
maintenance for all records relating to the AGREEMENT until the final disposition of
the legal dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICTS's contribution includes state or federal appropriated funds,
the County shall, in addition to the inspection and audit rights set forth in paragraph #16
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The COUNTY shall maintain all financial/non-financial
records through:
(1) Identification ofthe state or federal awarding county, as applicable.
(2) Project identification information included in the Catalog of State Financial
Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as
applicable.
(3) Audit and account ability requirements for state projects as stated in the Single Audit
Act and applicable rules of the Executive Office of Governor, rules of the Chief
Financial Officer and rules of the Auditor General and the State Projects Compliance
Supplement.
Page 4 of9, Agreement 460000135]
16A22
(4) Auditl accountabili ty requirements for federal proj ects as imposed by federal laws
and regulations.
(5) Submission ofthe applicable single audit report to the DISTRICT, as completed per
fiscal year.
B. Examination of Records: The DISTRICT or designated agent, the state awarding
county, the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding county shall have the right to examine the COUNTY's financial records to the
extent necessary to monitor the COUNTY's use of state or federal financial assistance
and to determine whether timely and appropriate corrective actions have been taken with
respect to audit findings and recommendations which may include on site visits and
limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing
and forwarded to the attention of the following individuals:
South Florida Water Management District
Collier County
Attn: Tim Howard, District Project Manager
Big Cypress BasinlSFWMD
2640 Golden Gate Parkway, Suite 205
Naples, Florida 34105
Telephone No. (239) 263-7615 ext. 7610
Attn: Robert C. Wiley, P.E., CFM
Engineering and Environmental
Services Dept.
2800 North Horseshoe Drive
Naples, Florida 34104
Telephone No. (239) 252-5858
Attn: Rupert Giroux, Contract Specialist
South Florida Water Management District
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, Florida 33416-4680
Invoices shall be sent to the attention of Accounts Payable at the District's main office in
West Palm Beach at the address above and a copy of all invoices shall be sent to the
attention ofthe District Project Manager at the Naples address above.
19. COUNTY recognizes that any representations, statements or negotiations made by
DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship
unless they have been reduced to writing and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the benefit of and shall be binding
upon the parties, their respective assigns and successors in interest.
20. This AGREEMENT may be amended, extended or renewed only with the written
approval of the parties. The DISTRICT shall be responsible for initiating any
amendments to this AGREEMENT, ifrequired.
21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the
State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform
Page 5 of9, Agreement 4600001351
16A22
beyond their respective authority, nor does this AGREEMENT alter the legal rights and
remedies which the respective parties would otherwise have, under law or at equity.
22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, county or circumstance during the term hereof, by
force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and in full force and effect to the
extent permitted by law.
23. Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this AGREEMENT by the parties shall not be deemed a waiver of any of
its rights or remedies, nor shall it relieve the other party from performing any subsequent
obligations strictly in accordance with the terms of this AGREEMENT. No waiver
shall be effective unless in writing and signed by the party against whom enforcement is
sought. Such waiver shall be limited to provisions of this AGREEMENT specifically
referred to therein and shall not be deemed a waiver of any other provision. No waiver
shall constitute a continuing waiver unless the writing states otherwise.
24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be
submitted jointly to the signatories of this AGREEMENT with each party agreeing to
seek in good faith to resolve the issue through negotiation or other forms of non-binding
alternative dispute resolution mutually acceptable to the parties. A joint decision of the
signatories or their designees, shall be the disposition of such dispute.
25. This AGREEMENT states the entire understanding and agreement between the parties
and supersedes any and all written or oral representations, statements, negotiations or
agreements previously existing between the parties with respect to the subject matter of
this AGREEMENT.
26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 - 24.
(b) Exhibit "A" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein by
reference.
Page 6 of9, Agreement 4600001351
16A22
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Frank Hayden, Director of Procurement
SFWMD Procurement Approval
~S~\;
By: ' ,-- -" '-i\. l\t\'f-
Date:~ 3 \ ~R" 'P
IIr ~
SFWMD Office of Counsel Approval
By: fVv..5BlJvt~J~
Date: 4- I 3 /o2J
DATE:'~
ATTEST: . '.
DWIGH1. E., BROCK, eLERK.
, . "-, ' ,";tZ-' :.
. . .a.-.. _:
. ..., ~ ".''''
. " t~.,Cha 1~an e uty Clerk
~ i gnature on 1 ~f , ;, i' "
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Approved as to form and legal sufficiency:
Page 7 of9, Agreement 4600001351
16A22
Exhibit "A"
Statement of Work
Collier County Topographic Survey LiDAR (Light Detection and Ranging) Project
A. IntroductionlBack2round
In years past, orthophotography and topographic mapping in Florida was a patchwork collection of
data with large areas of missing or little to no topographic data. This was especially prevalent in
Southwest Florida, and due to the minimal relief prevalent for the area, the existing 5 foot interval
contours available from the United States Geological Survey were of very limited use for floodplain
mapping, stormwater management planning, conducting hydrological studies, monitoring coastline
changes and more.
Recognizing the importance of this data and the need for consistency, beginning in 2006 a coalition
of State and Federal Agencies, including the Florida Division of Emergency Management, Florida
Water Management Districts, Florida Fish and Wildlife Conservation Commission, Florida
Department of Environmental Protection, Army Corp of Engineers Jacksonville District, and other
state and federal agencies, met to develop baseline specifications for orthophotography and LiDAR
data collection for publicly funded projects within Florida under the Florida Coastal LiDAR
Mapping Initiative (FCLMI).
Under the Florida Coastal LiDAR Mapping Initiative, Local, State and Federal Agencies may
expand the existing project boundariesllimits to collect additional data necessary to meet local or
regional orthophotographic or topographic mapping needs. Collier County recognized the need for
additional data and elected to use the available option to expand the FCLMI boundary for this region,
with concurrence from the Big Cypress Basin of the South Florida Water Management District
(Basin).
B. Objectives
The purpose of this project is to obtain high resolution orthophotographs and accurate topographic
maps of approximately 1,480 square miles (a total of 1,650 tiles that are 5000 feet square) for use in
floodplain and stormwater management planning within Collier County and the Big Cypress Basin
of the South Florida Water Management District.
C. Scope of Work
1. Upgrade the FDEM orthophoto area from I-foot to 0.5-foot resolution for 712 tiles
(approximately 639 square miles)
2. Collect additional LiDAR/DTMlContours to FDEM specifications for the Collier County
Option area not already covered by FDEM project for 449 tiles (approximately 403 square
miles)
3. Complete the rest of the total area (FDEM plus Collier County Option) with new 0.5-foot
orthophotos 1,650 total tiles (approximately 1,480 square miles), less 712 FDEM project
tiles (approximately 639 square miles) = 938 tiles (approximately 841 square miles) of new
0.5-foot orthophotos
Page 8 of9, Agreement 4600001351
16A22
4. Establish targeted photo control for the entire 1,650-tile orthophoto area.
NOTE: FDEM required photo ill points will not be adequate to work in the terrain of
Collier County. Additional Surveyed LiDAR QC points to improve the LiDAR point
classification in obscured areas will be required to classify fewer non-ground points as
ground points in these areas where the QC points are located. This will triple the current
number of required QC points from 120 to 360 total points per 500 square-mile area.
5. Classify LiDAR data and format as LAS file type
6. Perform targeting, control and data verification I check points.
D. Work Breakdown Structure
Task 1. Establish orthophotographic and LiDAR target, control and LiDAR
data verification points.
Task 2.
Collect orthophotographic images and LiDAR data.
Task 3 (a).
Create and index orthophotographic tile images.
Task 3 (b).
Categorize LiDAR data, perform QNQC on data and format in LAS
file type.
Task 4.
Develop DEM / DTM, contour and breakline data
Task 5.
Provide final deliverables as accepted.
E. Summary Schedule of Tasks and Deliverables
.. Payments
Task No. Deliverables Due Date COUNTY BASIN/DISTRtcr
C..S.... Cost Slare
PQlDeat Pay...-. ..
I Targeting, Data Verification and Control Survey 6/20108 $126,522.00 $199,652.00
Data for review, comment and acceptance
Sample Initial Orthophotographic Images and
2 LiDAR data collection initial accuracy report for 7/11/08 $166,578.50 $35,246.50
review, comment and acceptance
3a Sample ofQNQC'ed tiled Orthophotographic 8/7/08 $95,750.00 $32,542.00
Image for review, comment and acceptance
Sample ofQNQC'ed Categorized LiDAR Data
3b in LAS file format for review, comment and 9/4/08 - 0 - $61,962.00
acceptance
Sample and DEMlDTM, Contour and Breakline
4 Data in GIS and CAD formats for review, 9/4/08 $114,944.00 $114,944.00
comment and acceptance
5 Electronic files of all data as previously reviewed 10/30108 $52,059.00 $52,059.00
and accepted
Subtotals of County and Basin/District Project Costs $555,853.50 $496,405.50
Total Project Costs $1,052,259.00
Page 9 of9, Agreement 4600001351
16A22
Co1N:r Cou.nty
~~-
LETTER OF
TRANSMITT AL
1'M..t 01 e.. rtf e._IIII,..
Collier County Engineering Services Dept.
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-5858
FAX (239) 530-6552
E-mail: RobertWiley@colliergov.net
Date: 5-15-08 I
Project Name: 2008 LiDAR Acquisition
County Proiect No.
Re:
TO: Trish Morgan, BMR Manager
Clerk of Courts/Minutes and Records, Harmon Turner Bldg., 4th Floor
3301 Tamiami Trail East
Naples, FL 34112
We Are Sending You 0 Attached D Under separate cover via
D Shop drawings
D Copy of letter
D Prints
D Plans
D Reproducibles
the following items:
DDisk
D
IX! ORIGINAL Funding Agreement
COPIES DATE NO. DESCRIPTION
1 5-7-08 "ORIGINAL" of Fundin!! A!!reement
These Are Transmitted As Checked Below:
D For approval
IX! For your use
D As requested
DApproved as submitted
DApproved as noted
D Returned for corrections
DResubmit copies for approval
DSubmit copies for distribution
DReturn corrected prints
D For review and comment
D
DDUE:
,20
D Returned After Loan To Us
Remarks: Please record and file this "Original" of the Funding Agreement No. 4600001351
between the South Florida Water Management District and Collier County. Thanks for your
assistance.
Copy To :
Project 2008 LiDAR Project ( ) File
Doc. Name: Letter of Trans Trish Morgan 5-15-08
;?CW
SIGNED: Robert C. Wiley, P.E.
Principal Project Manager
Visit the Collier County Web Site at www.colliergov.net
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
ORIGINAL
16A22
AGREEMENT NO. 4600001351
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMNET DISTRICT
AND
COLLIER COUNTY
THIS AGREEMENT is entered into as of the ~ day of ~, 2008, by and
between the South Florida Water Management District (DISTRICT) and Collier County
(COUNTY).
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created
by the Florida Legislature and given those powers and responsibilities enumerated in
Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private
corporations or other persons; and
WHEREAS, the DISTRICT desires to provide financial assistance to the
COUNTY to develop topographic maps for use with local and regional flood protection and
stormwater management planning; and
WHEREAS, the COUNTY warrants and represents that is has no obligation or
indebtedness that would impair its ability to fulfill the terms and conditions of this
AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT at its April 10, 2008 meeting,
approved entering into this AGREEMENT with the COUNTY;
NOW, THEREFORE, in consideration of the covenants and representations set
forth herein and other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties agree as follows:
1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the
work set forth in Exhibit "A" attached hereto and made a part hereof, and for which
funds are budgeted in accordance with their respective authorities to contract for the
development of topographic maps.
2. The period of performance of this AGREEMENT shall commence on the date of the
execution of this AGREEMENT and shall continue for a period of One (1) year.
Page 1 of9, Agreement 4600001351
16A22
3. The total DISTRICT contribution shall not exceed the amount of Four Hundred Ninety
Six Thousand, Four Hundred Five Dollars and Fifty Cents ($496,405.50). The
DISTRICT will provide the full amount based on the Payment and Deliverable
Schedule set forth in Exhibit "A", which is attached hereto and made a part of this
AGREEMENT. The DISTRICT's contribution is subject to adequate documentation
to support actual expenditures within the not-to-exceed AGREEMENT funding
limitation of $496,405.50. Upon execution and approval of this AGREEMENT by both
parties, the COUNTY shall invoice the DISTRICT the full amount of the
AGREEMENT ($496,405.50).
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The COUNTY shall report and document the amount of funds
expended per month during the quarterly reporting period and the AGREEMENT
expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total approximate amount of Five Hundred Fifty
Five Thousand, Eight Hundred Fifty Three Dollars and Fifty Cents ($555,853.50) in
conformity with the laws and regulations governing the COUNTY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A",
Statement of Work, which is attached hereto and made a part of this AGREEMENT.
The COUNTY shall submit quarterly progress reports detailing the status of work to
date for each task. The work specified in Exhibit "A" shall be under the direction of the
COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized
through execution of an amendment to cover succeeding periods.
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
COUNTY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The COUNTY agrees to be responsible for the fulfillment of work elements included in
any subcontract and agrees to be responsible for the payment of all monies due under
any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract(s).
8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work
items, including but not limited to, all documents, technical reports, research notes,
scientific data, computer programs, including the source and object code, which are
developed, created or otherwise originated hereunder by the other party, its
subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A",
Statement of Work. Both parties' rights to deliverables received under this
AGREEMENT shall include the unrestricted and perpetual right to use, reproduce,
modify and distribute such deliverables at no additional cost to the other party.
Notwithstanding the foregoing, ownership of all equipment and hardware purchased by
Page 2 of9, Agreement 4600001351
16A22
the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all
ownership to tangible property.
9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal
injury, bodily injury and property damage attributable to negligent acts or omissions of
the COUNTY and the officers, employees, servants and agents thereof. The COUNTY
represents that it is self-funded for Worker's Compensation and liability insurance,
covering bodily injury, personal injury and property damage, with such protection being
applicable to the COUNTY, its officers and employees while acting within the scope of
their employment during performance of under this AGREEMENT. In the event that
the COUNTY subcontracts any part of all of the work hereunder to any third party, the
COUNTY shall require each and every subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as required by the COUNTY. Any contract
awarded by the COUNTY shall include a provision whereby the COUNTY's
subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless
from all damages arising in connection with the COUNTY's subcontract.
10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either party any remedy or defense available to
such party under the laws of the State of Florida; (2) the consent of the State of Florida
or its agents agencies to be sued; or (3) a waiver of sovereign immunity of the State of
Florida beyond the waiver provided in Section 768.28, Florida Statutes.
11. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties. Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent entities, between the
DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during
or after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this
AGREEMENT without the prior written consent of the other parties. Any attempted
assignment in violation of this provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded, on the
grounds of race, color, creed, national origin, handicap, age or sex, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity under
this AGREEMENT.
13. The COUNTY, its employees, subcontractors or assigns, shall comply with all
applicable federal, state and local laws and regulations relating to the performance of
this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance,
but will attempt to advise the COUNTY, upon request, as to any such laws of which it
has present knowledge.
14. Either party may terminate this AGREEMENT at any time for convenience upon ninety
(90) calendar days prior written notice to the other party. In the event of termination, all
funds not expended by the COUNTY for authorized work performed through the
Page 3 of9, Agreement 4600001351
16A22
termination date shall be returned to the DISTRICT within sixty (60) days of
termination.
15. The COUNTY shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY
assert any exemptions to the requirements of Chapter 119 and related Statutes, the
burden of establishing such exemption, by way of injunctive or other relief as provided
by law, shall be upon the COUNTY.
16. The COUNTY shall maintain records and the DISTRICT shall have inspection and
audit rights below. The COUNTY shall similarly require each subcontractor to maintain
and allow access to such records for audit purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including supporting documentation for any service
rates, expenses, research or reports. Such examination may be made only within five (5)
years from the expiration date of this AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this AGREEMENT. Such examination may be
made only within five (5) years from the expiration date ofthis AGREEMENT.
C. Extended Availability of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, the COUNTY shall extend the period of
maintenance for all records relating to the AGREEMENT until the final disposition of
the legal dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICTS's contribution includes state or federal appropriated funds,
the County shall, in addition to the inspection and audit rights set forth in paragraph #16
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The COUNTY shall maintain all financial/non-financial
records through:
(1) Identification ofthe state or federal awarding county, as applicable.
(2) Project identification information included in the Catalog of State Financial
Assistance (CSF A) or the Catalog of Federal Financial Assistance (CFDA), as
applicable.
(3) Audit and account ability requirements for state projects as stated in the Single Audit
Act and applicable rules of the Executive Office of Governor, rules of the Chief
Financial Officer and rules of the Auditor General and the State Projects Compliance
Supplement.
Page 4 of9, Agreement 4600001351
16A22
(4) Audit/accountability requirements for federal projects as imposed by federal laws
and regulations.
(5) Submission of the applicable single audit report to the DISTRICT, as completed per
fiscal year.
B. Examination of Records: The DISTRICT or designated agent, the state awarding
county, the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding county shall have the right to examine the COUNTY's financial records to the
extent necessary to monitor the COUNTY's use of state or federal financial assistance
and to determine whether timely and appropriate corrective actions have been taken with
respect to audit findings and recommendations which may include onsite visits and
limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing
and forwarded to the attention of the following individuals:
South Florida Water Management District
Collier County
Attn: Tim Howard, District Project Manager
Big Cypress BasinlSFWMD
2640 Golden Gate Parkway, Suite 205
Naples, Florida 34105
Telephone No. (239) 263-7615 ext. 7610
Attn: Robert C. Wiley, P .E., CFM
Engineering and Environmental
Services Dept.
2800 North Horseshoe Drive
Naples, Florida 34104
Telephone No. (239) 252-5858
Attn: Rupert Giroux, Contract Specialist
South Florida Water Management District
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, Florida 33416-4680
Invoices shall be sent to the attention of Accounts Payable at the District's main office in
West Palm Beach at the address above and a copy of all invoices shall be sent to the
attention of the District Project Manager at the Naples address above.
19. COUNTY recognizes that any representations, statements or negotiations made by
DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship
unless they have been reduced to writing and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the benefit of and shall be binding
upon the parties, their respective assigns and successors in interest.
20. This AGREEMENT may be amended, extended or renewed only with the written
approval of the parties. The DISTRICT shall be responsible for initiating any
amendments to this AGREEMENT, if required.
21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the
State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform
Page 5 of9, Agreement 4600001351
'......."_,~"..,,_._..~. ~ ~~._.,~__ "<1 1'lO'_"__""~"__"""";'~
16A22
beyond their respective authority, nor does this AGREEMENT alter the legal rights and
remedies which the respective parties would otherwise have, under law or at equity.
22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, county or circumstance during the term hereof, by
force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and in full force and effect to the
extent permitted by law.
23. Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this AGREEMENT by the parties shall not be deemed a waiver of any of
its rights or remedies, nor shall it relieve the other party from performing any subsequent
obligations strictly in accordance with the terms of this AGREEMENT. No waiver
shall be effective unless in writing and signed by the party against whom enforcement is
sought. Such waiver shall be limited to provisions of this AGREEMENT specifically
referred to therein and shall not be deemed a waiver of any other provision. No waiver
shall constitute a continuing waiver unless the writing states otherwise.
24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be
submitted jointly to the signatories of this AGREEMENT with each party agreeing to
seek in good faith to resolve the issue through negotiation or other forms of non-binding
alternative dispute resolution mutually acceptable to the parties. A joint decision of the
signatories or their designees, shall be the disposition of such dispute.
25. This AGREEMENT states the entire understanding and agreement between the parties
and supersedes any and all written or oral representations, statements, negotiations or
agreements previously existing between the parties with respect to the subject matter of
this AGREEMENT.
26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 - 24.
(b) Exhibit "A" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein by
reference.
Page 6 of9, Agreement 4600001351
16A22
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
----.-..-
SFWMD Procurement Approval
B/~~ ~ S4\k ~~.
Date: ~~~~. a1K
Appro ed as. to form and legal sufficiency:
lef . right
Assis nt Collier County Attorney
~
SFWMD Office of Counsel Approval
By: !vv-'S $~
Date:
y./ ? 10;[
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, LORIDA
By:
Page 7 of9, Agreement 4600001351
.
16A22
Exhibit" A"
Statement of Work
Collier County Topographic Survey LiDAR (Light Detection and Ranging) Project
A. Introduction/BacklZround
In years past, orthophotography and topographic mapping in Florida was a patchwork collection of
data with large areas of missing or little to no topographic data. This was especially prevalent in
Southwest Florida, and due to the minimal relief prevalent for the area, the existing 5 foot interval
contours available from the United States Geological Survey were of very limited use for floodplain
mapping, stormwater management planning, conducting hydrological studies, monitoring coastline
changes and more.
Recognizing the importance of this data and the need for consistency, beginning in 2006 a coalition
of State and Federal Agencies, including the Florida Division of Emergency Management, Florida
Water Management Districts, Florida Fish and Wildlife Conservation Commission, Florida
Department of Environmental Protection, Army Corp of Engineers Jacksonville District, and other
state and federal agencies, met to develop baseline specifications for orthophotography and LiDAR
data collection for publicly funded projects within Florida under the Florida Coastal LiDAR
Mapping Initiative (FCLMI).
Under the Florida Coastal LiDAR Mapping Initiative, Local, State and Federal Agencies may
expand the existing project boundaries/limits to collect additional data necessary to meet local or
regional orthophotographic or topographic mapping needs. Collier County recognized the need for
additional data and elected to use the available option to expand the FCLMI boundary for this region,
with concurrence from the Big Cypress Basin of the South Florida Water Management District
(Basin).
B. Obiectives
The purpose of this project is to obtain high resolution orthophotographs and accurate topographic
maps of approximately 1,480 square miles (a total of 1,650 tiles that are 5000 feet square) for use in
floodplain and stormwater management planning within Collier County and the Big Cypress Basin
of the South Florida Water Management District.
C. Scope of Work
1. Upgrade the FDEM orthophoto area from I-foot to 0.5-foot resolution for 712 tiles
(approximately 639 square miles)
2. Collect additional LiDARlDTMlContours to FDEM specifications for the Collier County
Option area not already covered by FDEM project for 449 tiles (approximately 403 square
miles)
3. Complete the rest of the total area (FDEM plus Collier County Option) with new 0.5-foot
orthophotos 1,650 total tiles (approximately 1,480 square miles), less 712 FDEM project
tiles (approximately 639 square miles) = 938 tiles (approximately 841 square miles) of new
0.5-foot orthophotos
Page 8 of9, Agreement 4600001351
16A22
4. Establish targeted photo control for the entire 1 ,650-tile orthophoto area.
NOTE: FDEM required photo ill points will not be adequate to work in the terrain of
Collier County. Additional Surveyed LiDAR QC points to improve the LiDAR point
classification in obscured areas will be required to classify fewer non-ground points as
ground points in these areas where the QC points are located. This will triple the current
number of required QC points from 120 to 360 total points per 500 square-mile area.
5. Classify LiDAR data and format as LAS file type
6. Perform targeting, control and data verification / check points.
D. Work Breakdown Structure
Task 1. Establish orthophotographic and LiDAR target, control and LiDAR
data verification points.
Task 2.
Collect orthophotographic images and LiDAR data.
Task 3 (a).
Create and index orthophotographic tile images.
Task 3 (b).
Categorize LiDAR data, perform QA/QC on data and format in LAS
file type.
Task 4.
Develop DEM I DTM, contour and breakline data
Task 5.
Provide final deliverables as accepted.
E. Summary Schedule of Tasks and Deliverables
1 Targeting, Data Verification and Control Survey 6/20/08 $126,522.00 $199,652.00
Data for review, comment and acce tance
Sample Initial Orthophotographic Images and
2 LiDAR data collection initial accuracy report for 7/11/08 $166,578.50 $35,246.50
review, comment and acce tance
3a Sample ofQA/QC'ed tiled Orthophotographic 817108 $95,750.00 $32,542.00
Image for review, comment and acce tance
Sample ofQA/QC'ed Categorized LiDAR Data
3b in LAS file format for review, comment and 9/4/08 - 0 - $61,962.00
acce tance
Sample and DEM/DTM, Contour and Breakline
4 Data in GIS and CAD formats for review, 9/4/08 $114,944.00 $114,944.00
comment and acce tance
5 Electronic files of all data as previously reviewed 10/30/08 $52,059.00 $52,059.00
and accepted
Subtotals of Count and BasinIDistrict Pro' ect Costs $555,853.50 $496,405.50
Total Pro'ect Costs $1,052,259.00
Page 9 of9, Agreement 4600001351
Prlnr "m fHnk paper. l\nach to dfiginai <..!c\(iJ1ni.:nt. Original d\)~UI11l:nl;;.. should he h~lnd dcli'tcrcd t(} th~ B.,)ard i')flk~ rhe ("()ii\pit,:h:d ,1"L\ting:Jip :iivt L!';~un(ll
j(lc~lTncr\ts ;)fC to be !\,i".\':lr,k'd to rh\.~ P{)~~rd <'Htice 0111\ ~tfh~r dw BOdJU has taken adioIl {1I1 th~ It{:Ol.'
ORIGINAL DOCUIVIENTS CHECKLIST & ROUTING StJP l'
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SF~NT TO 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SiGNATl!RE
I 3
4,
Complete routlllg lilies # I through #4 as appropriate lor additional signatures, d(.ks, ;mdJOI inlimnatmn needed 11' the document IS already comrlete with the
exception of the Challln,m's slgnanllt', lira.... a lrne throll h routing lilies #1 through #4 complete the dledhst, and tom,ull to Su<:J2~s"n (llIIe #21___
. 1.~1~~nt~lI~~;~~~~~)reSSee(S) _ O~ce___._________._ ..~:it~als I ~a~~]
1.
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2. I
-- -------- ---------...---.--+-----
t- ---:-
I
ROUTIN(; SLIP
..--------.
,...-
~-_.__..__.,----_.~---
-
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5.
Sue Filson, Executive Manager
M~'__'_"____,,,____.____.._._...___~. __._,____
Board of County Commissioners ,
lbk~~~o:'s~or~-=-t~_---L~~
6.
Minutes and Records
( the primary contact is the holdt'r ofthc original doeumenl pen<ling Bee approval. ~!onnally the primary contact ;s the person who cTcakd/prepared the executive
summary. Primary contact inl()mlation is needed in the cve:ll on~ of Ihc .rddres';e\:'. ahuve, incllldmg Slit Fil\on. ':lenltr> COli tact staIT lilr additIOnal or nIlSsing
Information. All original documents needing the Bee Challman'; "ignawre ,Ire to he delivered to dle 130' utilCt: 0111\ allcllhe Bee ha~ aeled tu "prrme Ihe
ilcm.)
Name of Primary Staff
Contact
Agenda Date Item was
Approved by the !3CC._
rype of Document
Attached
PRIJ\.IARY CONTACT INf'ORMATION
J-..,~5A ~Jrl~
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Phone "f'.!umbcr
Agenda Item Number
d-J5~ ?/~tJ
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Nwnber of Original
Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column. \vhichever is
a ropriate. ..
Original document has been signed/initialed lor legal sutliciel1cy, (All document;, to be
signed by tfie Chainnan, with the exc,~ption of most letters, trlust be reviewed and signed
by the Office oflhe County /\ttorney. This inchtd','s signanm: pages '/1'om ordinances.
I I re'.,o!utions, de. signed by the County A!1orne)s ()ffice and L,ignature rag"" 1'1"<)111 ItJ I
I ! contracts. Jgre,:nwnts. etc, Ihilt havl' h,'en (1I1/y 1:\"Cltied by :111 partic') C\I>'pt ih' Ht (' I I
i I Chairman and Clerk to the Board and l"\'SdJiy >-I,iC ('iTi(':Ji<.) I I ,
i' 2. 11'~~-~1:~~~:~;! r:l~lil~:t~~; !~:;:!t;~~ I ~ ~:~. ~!:,l!(jl !';~V!i~~I;" ~. ~;:;;'~I,~;:~~!~~;~;;;.:I: J;~~~t~~t~l:'~-~J-\~~';;;';~"; \..~- '-r";A:r"!"-'-"--" '-... ---1
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INSTRlfCTIONS & CHECKLIST
1.
Yes
(Initial)
N/A (Not
ibplicable)
h.
J.!iHc ij";iPle or ILe LH"C ~-~ :.H.:tions arc nilHiti('iL Pl' ,j'\"tr0'~ .d"/Oljf' tk'~ldlint:'-)!
'. 'he, I, ;~;;!-l~!;J-';~~;~-;JI;i;t:,;~;~(Tt;.~~I.-t.I~I<<-:('~;1;. 4R. ~o-y-(~, i.! '. ;~I~'d;;t.:.'..). ;~!;~j-:;jl':',,-~; II~~CS
pudl' dul"ing lllc 'LJ\ C bt'UI i!ll'lJf'IHillttd il !he aliadu:d >!tH"I'm'!!!. rill'
t t.d2;d ,~i ',{){r;i..'l ~i~L'" rc~ iCl\ciJ dH:' i'fLUi:2.t'~" if i'de.
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16B 1
MEMORANDUM
Date:
April 24, 2008
To:
Lisa Hendrickson
Transportation
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
FEMA Project 1609-140-R
Enclosed please find four (4) original documents, as referenced above
(Agenda Item #16B1), as approved by the Board of County Commissioners on
Tuesday, April 22, 2008.
Please forward on for all signatures and return a fully executed original
document for the BCC Official record to the Minutes and Records
Department.
If you should have any questions, please feel free to call me at 252-7240.
Thank you.
Enclosure (4)
16B\1
ST!-\TE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
CHARLIE CRIST
Governor
W, CRAIG FUGATE
Director
March 20, 2008
Ms. l.isa l!,..:ndrickson
Project Manager
('ollier COUlllY
4800 Davi5 Boulevard
Naples, FL 34101
Re: FEMA Project 1609-140-R
Collier County, Road Maintenance Administration Building, "Vina Retrofit
Dear i'yh. !I cndrickson:
The Divlsion of Emergency Management (DEM) is pleased to infonn you that the
~:eckral Emergency Management Agency has approved the obligation of Hazard 1\1 itigatioli
Grant Progran: funds for the project number(s) listed above. Please notc that this is al1 C!It;lb!l~
cost-reimbursement contract, and as such, the recipient must make other funding arrangC!ll':lit~ to
complete this project. However, thc recipient may submit periodic requests for paYlllcl:t
throughout the project process, consistent with the ternlS of the contract.
Enclosed are fOllr copies of the proposed contract between Collicr County Cil1d DUll.
The official representative. as listed below, will need to sign both the signature page (Page 18)
and the Certification Regarding Dehal111ent, Suspension, Ineligibility and VoluntalY Exclusion
tixm (Page 37). All tour (4) copies of the contract should then hc sent to tIle Tallaha~;scl.' ~llllh~s
listed helow for full execution no later than ninety (90) days after receipt of this letter Il)j' Ii l1~d
execution. One fully executed contract will be retul11cd to Collier County for its files.
Official Representatives:
County:
City
l!ldi(~n Tribe:
W:1tcr Management District:
'\1 co):- Pro fit:
Chairman of the Board of Commissioners
Mayor
Chief or President
Chaillllan
Chainnan of the Board
FL0R:DA R'=C8VERY OFFICE
-~_ - - __.._. ,_____ ___m____ ._._~_._ _ __ __.'_._____________ ____ ____.______., ._________.. ______....___ ______~. __.__._ _,_,_ __._
. DIVISION HEADQUA.RTERS .
2555 ShlJrT'3rd Oak Boulevard
T a II ,] has see, F L. ;12399 - 2 1 0 0
T 21 6" r) . <1 I :',- 9 969 . r d x 350 - 4 8 8 - 1 0 1 6
.y__\' ,,..~ J~_I U ~:Li) ~ ; -j s r ~ ~- <) r.:l
STf.TE LOGISTICS RESPONSE CF.:NTER
2702 Direr-tel" RO.'J
O,',ando, FL 32.309.",6:,1
..: (j "=: k ',,. I , r, ~ U r i \ _~
L :,1,.; i.1 ,] ,,; F L 32746 6;' ul
..,~"" -"'".~~,-
Ms. Lisa Hendrickson
March 20, 2008
Page Two
16B
1 w~
If there is an official that is not listed above who is authorized to sign the contracts for
your organization, please provide a copy of the organization's resolution or charter that
specifically identifies the person or position that is authorized to sign.
Additional assistance is available regarding your approved HMGP project on the Florida
Division of Emergency Management Website:http://www.floridadisaster.ore/brm/hm!:!:p.htm.
Please reference the heading: Grant Management Tools Listed Below which contains sample
documents that will provide guidance for completing requests for reimhursement, requests (or
advance payment, reporting requirements and supportiJ1g documents containing important pnints,
and subgrantee close-out checklists.
If you have questions regarding this contract or who is authorized to sign it, please call
Shaurita Jackson at (850) 922-5332.
Respectfully,
'" . r't, \
" '. 1'~(' \, \. }.."'_.".,
I' '.....tv-..
W. Craig Fugate, Director
Division of Emergency Management
WCF:sj/b
Enclosures
1681"" 1
Contract Number: 08HM-6G-09-21-01-055
CFDA Number: 97.039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as " Division"), and Collier
County, (hereinafter referred to as the "Recipient"),
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this
Agreement,
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws. rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin January 31,2008 and shall end June 30,2010, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
168 1
(5) RECORDKEEPING
(a) As applicable, Recipient's p~rformance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-8?, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31,2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement, for a period of five years from the date the audit report is issued, and
shall allow the Division or its designee, the Chief Financial Officer, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made available to the
Division or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years
from the date the audit report is issued, unless extended in writing by the Division, with the following
exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including supporting documentation of
all program costs, in a form sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work - Attachment A - and all other applicable laws and regulations.
2
168' 1
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m" local
time, on Monday through Friday. "Agents" shall include, but not be limited to. auditors retained by the
Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department and/or the Division with the records,
reports or financial statements upon request for the purposes of auditing and monitoring the funds
awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal
awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements
of this paragraph,
3
168 1
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
,320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised. should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section ,320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the following addresses:
4
16B~'1
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(9) Any reports, management letter, or other information required to be submitted to the
Department and the Division pursuant to this Agreement shall be submitted timely in accordance with
OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department and the
Division for audits done in accordance with OMB Circular A-133 or Chapters 10,550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate
the date that the reporting package was delivered to the Recipient in correspondence accompanying the
reporting package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Division of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department or the Division has
notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who
shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat.
The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be
submitted to the Department and the Division no later than seven (7) months from the end of the
Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with
a close-out report. These reports shall include the current status and progress by the Recipient and all
subrecipients and subcontractors in completing the work described in the Scope of Work and the
5
168
1
,
...:;.,.,
expenditure of funds under this Agreement, in addition to such other information as requested by the
Division.
(b) Quarterly reports are due to be received by the Division no later than 15 days after
the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program year
are March 31, June 30, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the Division or are
not completed in a manner acceptable to the Division, the Division may withhold further payments until
they are completed or may take such other action as set forth in Paragraph (11) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance with the Budget
and Scope of Work, Attachment A.
(e) The Recipient shall provide such additional program updates or information as may
be required by the Division.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within
the specified time periods, and other performance goals stated in this Agreement are achieved. Such
review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment
A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures
may include, but not be limited to, on-site visits by the Division staff, limited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Division, In the event that the Division determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to
6
1681 1
the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General.
In addition, the Division will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768,28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Division harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768,28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees
to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to
serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies, Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the
Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may
make any payments or parts of payments after the happening of any Events of Default without thereby
waiving the right to exercise such remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Division shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
7
168 1
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then the Division may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4, requiring the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
8
168 1
(e) Require that the Recipient return to the Division any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds under this
program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Division from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Division of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder,
or affect the subsequent exercise of the same right or remedy by the Division for any further or
subsequent default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that the continuation of the Agreement would not produce beneficial results
commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar
days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination, The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the
9
168 1
Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for
purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is
determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 922-5944
Fax: (850) 922-1259
Email: kathleen.marshall@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Ms. Lisa Hendrickson
Project Manager
Collier County
4800 Davis Boulevard
Naples, Florida 34101
Telephone: (239)774-8924
Fax: (239)746-6406
Email: LisaHendrickson@collierqov.net
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Division within ten (10) days of execution for review
and approval. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
10
1681
extent allowed and required by law. Each subcontractor's progress in performing its work under this
Agreement shall be documented in the quarterly report submitted by the Recipient.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat..
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties,
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Statement of Assurances
Attachment 0 - Request for Reimbursement
Attachment E - Justification of Advance
Attachment F - Quarterly Report Form
Attachment G - Warranties and Representations
Attachment H - Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $22,798 00
subject to the availability of funds. All requests for reimbursement of administrative costs must be
accompanied by the back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section
216,181 (16), Fla.Stat. and is contingent upon the Recipient's acceptance of the rights of the Division
11
163
1....
under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the
expected cash needs of the Recipient within the first three (3) months of the contract term, For a
federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-
122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the
budget data on which the request is based and a justification statement shall be included in this
Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
An advance payment of $
is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed, The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by Congress,
the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting
or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make
any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report
within thirty (30) days of receipt of notice from the Division.
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
12
168 1
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to
Section 55.03( 1 ) Fla, Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 413-5516,
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Division request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and
with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall. be
deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seQ.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or 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
13
16B 1
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 a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this Agreement,
the Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil jUdgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Division prior to the Recipient entering into a contract with any
prospective subcontractor.
14
168 1
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
U) If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement for refusal by
the Recipient to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this
Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All such meetings shall be publicly
noticed, open to the public, and the minutes of <111 such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla, Stat.
(0) Unless inconsistent with the public interest or unreasonable in cost, all
unmanufactured and manufactured articles, materials and supplies which are acquired for public use
under this Agreement must have been produced in the United States as required under 41 U,S.C. 10a.
15
16B
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by
the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly,
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
16
168 1
(22) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Division for a determination whether patent protection will be sought
in the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any
and all copyrights accruing under or in connection with the performance under this Agreement are hereby
transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists, The Division shall then, under Paragraph (b), have the right to all patents and copyrights
which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION.
fhe Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
17
168
.'
..l
and assurances contained herein, The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
::CiDien, COL~1k~
Name and title:
.!.f/;)~Jo g
Date:
FID#:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Name and Title: W. Craig Fugate, Director
Date:
I ~...:. ~"~_".~.,, .. "', 1 _~ ....,. . ;
.~7ri~~:~
t' '" {,
\ .
;, ~.
'.
~.J
By:
Attest. n to
signature: oftll.
18
16B 1
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program,
provide the same information shown below for each Federal program and show total Federal
resources awarded.
Federal Program: Federal Emergency Management Agency, Hazard Mitigation Grant
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $22,798.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities; include mitigation
projects that will result in protection of public or private property from natural hazards.
Eligible projects include, but are not limited to:
· Acquisition of hazard prone properties
· Retrofitting of existing buildings and facilities
· Elevation of flood prone structures
· Infrastructure protection measures
· Storm water management improvements
· Minor structural flood control projects
· Relocation of structures from hazard prone areas
· Retrofitting of existing buildings and facilities for shelters
· Vegetative management/soil stabilization
· Mitigation Planning Project
· Other projects that reduce future disaster losses
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State
awarding agency may elect to use language that requires the recipient to comply with the
requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for
Federal Program 1, the language may state that the recipient must comply with a specific law(s),
rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility
determinations are to be made. The State awarding agency, if practical, may want to attach a
copy of the specific law, rule, or regulation referred to.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
19
16B 1
Attachment A
Budget and Scope of Work
Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Collier County, will wind retrofit the Collier
County Road and Maintenance building, located at 4800 Davis Boulevard, Naples, Florida 34104, by
purchasing and installing automatic locking slate rolling shutters on all of the openings on the building.
If deemed necessary, wind protection will be provided on any other openings such as skylights, vents,
louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code
or Miami-Dade Specifications. All materials will be certified to meet the wind and impact standards of the
current local codes. The local municipal or county building department will inspect and certify installation
according to the manufacturer's specifications,
This is FEMA project 1609-140-R, funded under 1609-DR-FL.
The Period of Performance for this project ends on June 30, 2010.
Schedule of Work
State Contracting:
Order Hurricane Panels:
Engineering Drawing/Layouts:
Permitting:
Installation:
Clean-up:
State Final Inspection:
State Closeout:
Total Period of Performance:
6 Months
5 Months
3 Months
4 Months
3 Months
1 Month
3 Months
3 Months
28 Months
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall compensate
for the materials and labor for the installation of storm shutters and/or other hardening activities as a
retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise
occur from severe weather or other hazards. The funding of this project by the Department does not
confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The
State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including
but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a
particular purpose, merchantability, or merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the Department of
Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-
Design and Construction for Community Shelter, and thus does not provide "near absolute protection." It
is understood and agreed by the Department and the Recipient that the building may have vulnerabilities
due to age, design and location which may result in damage to the building from wind events even after
the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood
and agreed by the Department and the Recipient that the level of wind protection provided by the
mitigation action, although meeting State standards and codes and enhancing the structural integrity of
the building, does not ensure the safety of survival of building occupants.
20
Budaet
Line Item Budaet*
Installation Materials:
Installation Labor:
Fees:
Sub-Total:
Administrative Cost:
Total:
Project Cost
$21,735.00
$ 6,957,00
$ 1,305.00
$29,997.00
$ 0.00
$29,997.00
Federal Share
$16,301.00
$ 5,218.00
$ 979.00
$22,498.00
$ 300.00
$22,798.00
168
...y
1
Local Share
$5,434,00
$1,739.00
$ 326.00
$7,499.00
$ 0.00
$7,499.00
. Any line item amount in this Budget may be increased or decreased 10% or less without an amendment
to this Agreement being required, so long as the overaJ/ amount of the funds obligated under this
Agreement is not increased.
Fundina Summary
Federal Share: $ 22,498.00 ( 75%)
Local Share: $ 7,499.00 ( 25%)
Total Project Cost: $ 29,997.00 (100%)
Recipient Administrative Allowance up to $300.00.
21
l~B 1
:. :~_I...".o
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANTS PROGRAM
Obligation Report wi Signatures
HMGP-1.-18.'_~;:
i)'~,-13:e' FEI\1~
1\1.; Pr"Je.;! NJ
A:"'e.'J:1~t:'l: S;J'e
Nu ,<\'ppl".:.Hlur 10
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66
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u"ar.tee
SUOJ.....~..,t~e Collier ICour~"y\
SlJO'J~~].,t~~ FiDS ::u.je .:: ~ -~0:'::.
P~0i"'':: T tie CO!lie' C0unt} R::-.l,j I\1JlilterJ~.:e A.JrT';:1lst-atI0r 81.1,:1 Wine Ratro'
-~- -.--.. -.-- ---_.--- ._~--_._---_._---_.._-_._--"~---- -----.-------- ------- - --- ---_._-- --~---_._-----
T.:ota: ,A.mcunt Tota:A,'-'uu:11 Teta Amount T0ta A,moun~ Aval,a:;le
P'evlclLisly ,4.llo';Jted Pre\li'_'cJSly :Jei'!JJled Pending OblIgation for Ney. OoiJgatlcr
$:2493 $22 498 SO $0
PrOject Amount Grantee Admin Est Subgrantee Admir Est T 01.11 Ooli';Jatlor IFMIS Date IFMIS Status FY
$22.4 98 $114 $300 $22,912 C'124:2008 A.::cept 2.JJ8
Comments
Date
01. 18:2008
User Id CHYACINT
Com~'ent ma approves obligation
Date
01,'18'2008
User Id BCOLON
Comment hmo apprQves obligation
Authorization
Preparer Name: CLAUDE HYACINTHE
Preparation Date 01118:2008
HMO Authorization Name: BETSY COLON
HMO Authorization Date 01 '18:2008
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Authorizing Official Signature
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGA nON GRANTS PROGRAM
Obligation Report Wi Signatures
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53
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Authorizing Official Signature
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Authotlzation Date
AuthorizatIon Date
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'C55.\M
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
HMGP.';P.: 1
:' 2 1 2l' JS
Project Management Report
JSJst~r
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State
Gr:Jillee
1609
140 -R
o
58
FL
Statewide
3UC9-J"1tL'e Coliler ICJUrt}'
FIPS::(l0e::::' .99C:~
P:.J,t'.::1 T,tie C.JIi,er C'::U:'1ly R'JJj M:J,ntel<1r'lCe 0..11'1,"115:' 3t,-:.' i3'd~ \'JHlJ !:;:etr;:f,t
MitiQation Proiect Description
Amendment Status : o.pprJ~ed
Approval Status: .e..ppre~eJ
PrOject Title C.Jlllc' County Road Mal.,tcnan.::~,Adn1lnrst'atl.J: Bldg Wind Retrofit
Grantee: Statewide
Subgrantee: Collier ICount"!'
Grantee County Name Collier
Subgrantee Count} Name Cell/er
Grantee County Code 21
Subgrantee County Code, 21
Gral"tee Place Name Collier (County)
Subgrantee Place Name Collier (County'
Grantee Place Code: 0
Subgrantee Place Code: 99021
PrOject Closeout Date, 00/00/0000
Work Schedule Status
Description
Time Frame
Due Date Revised Date Completion Date
A.mend #
o Order Hurricane Panels
150 days
90 days
00100/0000 00100/0000
00/00'0000
o Er'lglneering DrawinglLayouts
- . - _.._- - -
00/00/0000 00'00/0000
0010010000
o Permitting
o Installation
120 days
00/00/0000 00/00'0000 00/0010000
o Clean-up
p- - --.--------- .-.. -".- --._-.. ,.~- - -.-.-- -...--.-.-- ---- - -- --..... --. -..---.---
- ~_.. .---.-. .-.-.------..--.. -.--.--...
,a", ~J~t~9~~~~,~ti~g P~~c,~~~~:-=: :: ."' 0 .. :: ~ -':.7 :.. ~= ~9_:. 0.=--=.-:'. ~:... cO-:.~=-. '--=-~:=O.-=--..' _ . _ _~0!~.~(~0~0..c o:~~~O.!;./~;!~~: .OC:=:=--=::"=-:7::
90 days
-- -- .-_,_____ _.... _. _ ~4 ..__.._._ '__' '_mn .
-- ----. _ ________...______._.___.4. __.___ ___. ~ ___
3D days
00/00/0000
00/00/0000
00100/0000
'-'-~ -. - -----_.
--_. -~'-- --
00100/0000
0010010000
00100/0000
---.. "--'--"-'-
------- - --
00/00/0000
o State Final Inspection
. "U"~_"'._ ___._ .__ .___ <_ __
- -- .----.-....----- .--,-. --
90 days
90 days
00/0010000 00100/0000 00/00/0000
o State Close-Out
00/00/0000 00/00/0000 00/00/0000
Approved Amounts
Total Approved
Net Eligible
Federal
Share Percent
Total Approved Non-Federal
Federal Share Amount Share Percent
-
$29,997
75000000000
$22498 2500000000
Total Approved
Non-Fed Share Amount
$7" 499
Allocations
1,llo<::atlon IFMIS
Number Status
IFMIS
Date
Submission
Date
ES Support ES Amend Pro) Alloe Amount Grantee Subgrantee T:tal
FY ReqlD Number Fed Share Admin Amount A,dmln Am.Junt Alloc Amount
2008 1389657 11 $22.498 5114 $300 522 9' 2
Total $22.493 $114 $300 522.9~ 2
2G A 0118,20138 01'16/2008
Q.tW.9.~iO~
~:tl.)f' Ir~'..T~3 l::-r"l:S
Nr Status Date
:3'.Jbr::,3:310n
Date FY
LOS SuPPui1 ES Arnena SUPPI PnJect uClIgated
Req ID Number Nr Am! ' Fed Share
~ 427~ 43 56 66 522 498
TJtal S22 4303
Grantae Admin 3ubgra'1tee Totai Ob'lgated
Amount Admlr Amount AmJun!
A cr:42,JiJ8 01182JJ8 n03
$'~4
S}JO
522 9 ~ 2
$1 :4
:-no
S?-: .::, ?
...... ... '...
21-C
16n
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1
12 5~;M
FEOERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
nMC,.:'t::\ --:: 1
.:' .:: ~\.),~;\:
Environmental Report
"'S,lste-
,.....w1be-
FcMlI.
Pr ':>Iect ~umbc'
A'T'c'",j~t'!1~
NlJnlt:;t'!r
<\oc I::
SLlle
C~,lnte~
1509
UO-R
o
58
FL
Statewide
SJ~9:-a'tce :. Jllre~ ':CJUnty'
FI?S C),je \.~:: '9;1'2::~
Pr',e.::t T,tle Coil:e' C'Junt~ f\JJd rv~JI1t,,"an;C', <\dr1:r':st"Jt''Jr. 6,..19 V\:1I1,j R:"tr .::,11 [
FEMA L3wslEOs
Laws EC's
St3tJS
':c;11pieted
C';.lSU oar-rers Re.;our.::es.l,ct ,CBR.A.
':Iear. Water A:t (CWA;
C.Jmpleted
Coasta: Zone Management Act (CZMA'
Completed
Endangered Species Act (ESA) Completed
Comment: No effect to any T & E species or habitat per'project descriptlon-DGROVES-11 '08,'2007 13 50 GMT
Fish and Wildlife Coordination Act I FWCA)
Completed
National Hlstonc Preservation Act INHPA) Completed
Comment: Structure IS less than 50 years old per project description (1969)-DGROVES-1110B/2007 13 50 GMT
Clean Air Act (CM'
Completed
E O. 1 ; 988 Floodplains Completed
Comment: Project has been reviewed per 44 CFR Part 9 5 ProJect has limited polenlial to cause long-term adverse direct or indirect effects te the
floodplain or wetlands -DGROVES-11'OB'2007 1350 GMT
EO 1 '990 Wetlands Completed
E 'J ~ 289B Envlron~entai Justl:e br Low In:rJme an,j MinOrity POpulations Completed
FEMA NEPA Process
FEMA Status
::atex . ':::'~mp,etE'u
I, .lIt .." "".J' ,I'."','.i"~ . J ", ;1"t"I 0; l '/..... 0"4 I, I t\ .'
1 ':A '::X Type ,::; ;.je
, ~/', 'Ii ,/I': l 1;1/,. I. o' 1::.1. I,//.h.' t t ;J "
I" ./-.- ~l \ 0., -/.. ,'\ ,\ '_' Iii; '/,': . /.. :/, ", .. " _ r. J,", ~j
~ "7":patr r::;C.3C.:.:' r,"1...tj~e'tJ:r'~fi: .Jj2~rd...1e r: :tJ.r,_'l~
:<:';t?'<.", ,]'1(: S~jrl'1.1rjs O. r~p:~,.;~ .J f,"-=I:lty ,)(V,'
.; N: r.:.,~r;.1,)rd:r;.l,"''f \: II": ln~'-.;~lr;,~," F~''''ljj' r,] 1:- E..4
D Jc~r~e.i~atrcn Corrl~lete ~ : /'):3 20(;;'
21-D
1 ~ 5':. :\f\l1
FEOERAL EM~RGENCY MANAGEMENT AGENCY
HAZARD MITIGA TlON GRANT PROGRAM
16 B HM,";1\"c1
...: ~ .: . ":~']3
Environmental Report
:J 5:Ert?,'"
FE""A
p, Jle.:: NumJer
."',~l".'nj~le:1t
....,I,~I:::er
A.P~ 10
3:J1e
G"J:1tee
N ~:rbe-
1609
140 -R
o
58
FL
Statewide
SU:Jg',,]'it0e C:'II"'- IC';U:1:y'
;.~~s :...JJc '::~:.:?9'::f
PrJ!,:>ct -;-,tle CYI.C'" C 2,mr~ Rca.:: r,id,~rer:.:n:e..';dnll~ st~.3tlvr S,jg i"""J Ret"Jf,t
Standard Conditions
1 Af"'t :~J:1ge te the apprJved s:.Jpe o~ wor~ wi! re:julra r;>-ev':lluatlor fOi '::.Jropi'i'ln:e wltr NEPA ..Ira Jtne; Laws Jnd Executve ,.)rders
~ ~n:s ':>v,t''^ dves nvt ajjress ai' rede- J: st,lle ,md loca, req,weme,!s .o,c':::e.~lance 0' fede" a: f.:mJlng reqUires reclpien: to eOf!1ply IAlltr all
f"dera' ,>tate ala leca' IdWS F.lllure re vbtal~ .11: apprvpr,ate fe,Jera: state ano Iv'::3, envlronmentJ per~IIS and :lear.Jnces roay je.:JpJr,j,ze fe,je,"a,
iu ,jl.i9.
:: I' ground .j:sturblng activities oe,:ur dunng '::O,lStructlor, applicant will monlto' groun,j disturbance and If an~ potentia: ac.::hevloglcal ,-esources
:lre J'SCCllereo. willlmmed,ately cease cvnstructlvr: ir, tnat area ane' n\JtJfy the State and FEMA
Comment:
r'l,s wind retro-fit prOJect, des.::ribed as installing alltomatlc lockIng slate hUrricane shutters on the windows of the building in the sub-grantee
applrcation, IS categorically excluded from preparation of an EnVIronmental Assessment per 44CFR Part 1 J a( d )\2'1 w) contingent on comphance
wltr noted condItions Structure built in 1909,
Any changes to the approved mitigation measure or scope of work will require resubmlsslon though the State to FEMA, and will require
reelialuatlor: for .::ompliance with the National Enlllronmental Poltcy ActNEPA) and See 106 of the National Historic Preservation Act \NHPAl
prior te initiation of any work Non-comphance witn these requirements may jeopardize FEMA's ability to fund this project
-DGROVES-ll/08:200:- 1351 GMT
21-E
168 1
Attachment 8
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T, Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7,9,10,13,14,17,18,25,206,220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described
in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in
accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the
allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. Recipient shall
comply with any and all applicable codes and standards in performing work funded under this Agreement,
and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient
and any land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Recipient shall be responsible for ensuring that any development permit issued and any
development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land
use permitting authority, where required, Recipient agrees that any repair or construction shall be in
accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the
affected real property shall record in the public records of the county where it is located the following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from
which a structure will be removed pursuant to the project:
1. The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
2. No new structure will be erected on property other than:
(a) a public facility that is open on all sides and functionally related to a
designated open space;
(b) a restroom; or
22
168 1
3. A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
4. After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
5, If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating
in the NEPA process. You are reminded that no construction may occur in this phase, that a full
environmental review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW), Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
1, For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
3. The Recipient must notify the State as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower cost or earlier completion. Any extensions of the period of
performance must be submitted to FEMA 60 days prior to the project expiration date.
STATEMENT OF ASSURANCES
The Recipient assures that it will comply with the following statues and regulations, to the extent
applicable:
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 031.2
3) Section 1352, Title 31, US Code
4) OMB Circulars A-21, A-87, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286,011, Florida Statutes
15) EO. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
23
168 1
18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq,)
20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
22) 28 CFR applicable to grants and cooperative agreements
23) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
24) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
25) Title VI of the Civil Rights Act of 1964, as amended;
26) Section 504 of the Rehabilitation Act of 1973, as amended;
27) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
28) Title IX of the Education Amendments of 1972;
29) the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
30) 28 CFR Part 42, Subparts C,D,E, and G
31) Departm~nt of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
32) Federal Acquisition Regulations 31.2 and 931,2
24
168 1
Attachment C
Statement of Assurances
To the extent the following provisions apply to the award of assistance in this Agreement, as determined
by the awarding agency, the Recipient hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (OEM), including all understandings and assurances contained therein,
and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
No member, officer, or employee of the Recipient or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Recipient shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant
to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by OEM. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U,S.C. 327 et seq" requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a work week;
and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq" requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P L 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the
Recipient receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
25
168 1
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S,C,: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor other
forms of compensation; and election for training and apprenticeship;
(g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42
U,S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(i) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
0) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
(k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
(I) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6
for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(m) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed
in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR Section 800,8) by the proposed activity;
and
26
, ; B
1 ~...
(2) Complying with all requirements established by the State to avoid or mitigate
adverse effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among
the Federal Emergency Management Agency, the Florida State Historic
Preservation Office, the Florida Division of Emergency Management and
the Advisory Council on Historic Preservation, (PA)" which addresses roles
and responsibilities of Federal and State entities in implementing Section 1 06 of
the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency
Management Agency (FEMA) may require Recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and
suggest methods of repair or construction that will conform with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37), or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition
measures, including but not limited to, impacts to archeological sites, and the
salvage, storage, and reuse of any significant architectural features that may
otherwise be demolished.
(5) Recipient agrees to notify FEMA and OEM if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the
recovery of archeological data from the property,
If Recipient is unable to avoid the archeological property, develop, in consultation
with the SHPO, a treatment plan consistent with the Guidelines and take into
account the Advisory Council on Historic Preservation (Council) publication
"Treatment of Archeological Properties". Recipient shall forward information
regarding the treatment plan to FEMA. the SHPO and the Council for review. If
the SHPO and the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment plan. If
either the Councilor the SHPO object, Recipient shall not proceed with the
project until the objection is resolved.
(6) Recipient shall notify OEM and FEMA as soon as practicable: (a) of any changes
in the approved scope of work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a supplemental DSR or modify
an HMGP project for a National Register eligible or listed property; (c) if it
appears that a project funded under this Agreement will affect a previously
unidentified property that may be eligible for inclusion in the National Register or
affect a known historic property in an unanticipated manner, Recipient
27
168 1
acknowledges that FEMA may require Recipient to stop construction in the
vicinity of the discovery of a previously unidentified property that may be eligible
for inclusion in the National Register or upon learning that construction may
affect a known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures
to avoid or minimize harm to such property until FEMA concludes consultation
with the SHPO. Recipient also acknowledges that FEMA will require, and
Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements
of the PA or the NHPA, Recipient intentionally and significantly adversely affects
a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur.
(n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S,C.: 1681-
1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C, 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation orresidential structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(s) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159, pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C, 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race,
color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C, 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 U,S.C, 7419-7626;
(w) It will comply with the Endangered Species Act of 1973,16 U.S,C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970,42 U.S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(z) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S,C. 4321-4347;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
28
1 ~ B 1
... .'
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S,C. 794, regarding non-
discrimination;
(cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968,16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(hh) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972,16 U.S.C. 1451-1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(jj) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been
contained thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U,S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
4, Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c, Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify OEM promptly of any unusual existing condition which hampers the contractors
work.
8, Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
29
168 1
Provide documentation of closures,
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163),
11. Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S,C, 1857 (h), Section 508 of the Clean Water Act (33
U.S. 1368), Executive Order 11738, and the U,S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts,
12. Provide documentation of public notices for demolition activities.
30
168 1
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GRANT PROGRAM FUNDS
RECIPIENT NAME:
COLLIER COUNTY
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No.:
OEM Agreement No: 08HM-6G-09-21-01-055
FEMA Tracking Numbers: 1609-140-R
Eligible Obligated Obligated Previous Current OEM Use Only
Amount Federal Non-Federal
100% 75% 25% Payments Request Approved Comments
TOTAL CURRENT REQUEST: $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements
were made in accordance with all conditions of the OEM agreement and payment is due and has not been
previously requested for these amounts.
RECIPIENT SIGNATURE:
NAME AND TITLE:
DATE:
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST
$
GOVERNOR'S AUTHORIZED RE:PRESENTATIVE
APPROVED FOR PAYMENT $
DATE
31
168 1
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant:
Collier County
Disaster No,:
1609
OEM Agreement No.: 08HM-6G-09-21-01-055
FEMA Tracking #:
1609-140-R
Applicant's Date of delivery DOCUMENTATION Applicant's
Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs
(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name of 100%
Claim Check, or work or vendor or contractor) by category and line item in the
Schedule No,) performance approved project application and give a brief description of
services. the articles or services,
TOTAL
32
168 1
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted., Any advance payment under this
Agreement is subject to s, 216.181 (16), Florida Statutes. The amount which may be advanced shall not exceed
the expected cash needs of the recipient within the initial three months.
[ ] NO ADVANCE REQUESTED
[ ] ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
(A) (B) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2005.2006 2006-2007 2007 -2008
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITUREs1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 bv line 1.)
First three months ex enditures need onl be rovided for the ears in which ou re uested an advance.
P Y P Y y q
If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3 HMGP Award
(Do not include match)
=
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
Recipient has no previous HMGP contract history, Complete Estimated Expenses chart
and Explanation of Circumstances below.
Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances
below, Attach additional pages if needed.
33
168 1
ESTIMATED EXPENSES
BUDGET CATEGORY 2007-2008 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOT AL EXPENSES
Explanation of Circumstances:
34
168 1
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: Collier County
Project Number#: 1609-140-R
PROJECT LOCATION:
Retrofit
OEM 10 #: 08HM-6G-09-21-01-055
DISASTER NUMBER:
1609
QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 200_$
Oct-Dec, 200_$
Oct-Dec, 200_$
Jan-Mar,200_$_ Apr-June, 200_$_
July-Sep, 200_$
Jan-Mar, 200_$
Apr-June, 200_$_
Percentage of Work Completed (may be confirmed by state inspectors):
%
Project Proceeding on Schedule: [] Yes [] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [] Cost Unchanged
[ ] Under Budget
[ ] Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (OEM) staff may perform interim inspections and/or audits at
any time. Events may occur between quarterly reports, which have significant impact upon your
project(s), such as anticipated overruns, changes in scope of work, etc, Please contact OEM as soon as
these conditions become known, otherwise you may be found non-compliant with your subgrant award.
Name and Phone Number of Person Completing This Form:
35
1~~ 1
Attachment G
Warranties and Representations
Financial ManaQement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities, These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Competition
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order
to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for
proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder
or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids
or offers may be rejected when it is in the Recipient's interest to do so.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein. has a financial or other interest in the firm selected for
an award, The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts, The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
Licensinq and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
36
168 1
Attachment H
I
l____
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
~
By:
Signature
Name and Title
Division Contract Number
Street Address
City, State, ZIP
Jf~;;> /0 ~
Date
"~rn~:
. :-".-/
37
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ':
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 mfomJation needed, If the document is already complete with the
excePtion of the Chairman's signature, draw a line through routing lines #1 through #4. comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact stafTfor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC ha~ acted to approve the
item)
Name of Primary Staff Erin M Hall Phone Number 252-8924
Contact
Agenda Date Item was 4-22-2008 Agenda Item Number 16B:L ".
L.'
Approved by the BCC
Type of Document Adopt-A-Road Agreement Number ofOriginaJ I
Attached Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Aoolicable)
I. Original document has been signed/initialed for legal sufficiency. (AII 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 f
Chairman and Clerk to the Board and oossibly State Officials.)
2. All handwritten 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 / ,
. ,.
3. The Chairman's signature line date has been entered as the date ofBCC approval of the "I
document or the final negotiated contract date whichever is applicable. '"
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's !
signature and initials are reauired. ".
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 TalIahassee within a certain " ',.
time frame or the BCe's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on (enter date) and all changes N/A is not
made during the meeting have been incorporated in the attached document. The an option for
Countv Attorney's Office has reviewed the chan2es, if annlicable. line 6.
INSTRUCTIONS & CHECKLIST
,wn...,'" ......... . . no "... ^....... . . ~ ...... no.. "" . ............ ^....
1~\j 2.
MEMORANDUM
Date:
April 23, 2008
To:
Erin Hall
Transportation/Road Maintenance
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Adopt-A-Road Agreements:
Bethesda Corscrew 7th Day Adventist Church
Enclosed, please find one (1) copy of the document as referenced above,
(Agenda Item #16B2) which was approved by the Board of County
Commisssioners on Tuesday, April 22, 2007.
If you should have any questions, please call me at 252-7240.
Thank you.
Enclosure
168, 2
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions~7 ~
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into thi~ day
of -'lp R.. ; L , 20(1 ~ by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, Bethesda Corkscrew 7th Day Adventist Church , (hereinafter the "GROUP"),
whose address is 3640 - 54th Avenue NE, Naples, FL 34120-1598.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as, Immokalee Road/CR 846 - 1 mile north of Lilac Lane & 1 mile south of Lilac Lane
(the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to
the following terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
168 2
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at eonstruction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
2
168 2
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
c. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
3
16B 2
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
. t- ~) ~
ATTEST:'"'
DW~GHT E. BR.QCK,. Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ,
" . DeputYClci"k
Attest It' .tQ, Qaf
signature on1..
By:
,,-?
GROUP:
By:
ORKSCREW SEVENTH DAY ADVENTIST
CHURCH
Name (print): /~ vIA) wlACL$d,v
Title (print): cG fJe/<
Phone # (day): ...2S'l ~~ 7~1,-/-
Phone # (night): 23? 3"1-0 70S"?
Appr ved as to fo
and gal fi i
4
r!:~ # jlt? ~~
~ ~':',~~:da Ifl ~1 J D~
~... ~~
:J_': 41'2-~lo&'
~ ?tK;rj ~..-
I~~i
........,.'..~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 6 B 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original documclll. Original documents shDuld be hand delivered to the Board Office, The completed routing slip and original
documents are to be f01warded to the Board Ortlcc only aft!:'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 infonnation needed. If the document is already complete with the
excePtion of the Chainnan's signature, draw a line through routing lincs #1 through #4, complete the checklist, and forward to Sue FilsonJline #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Scott R. Teach, Managing Assistant County Attorney ttIt1 4/22/08
County Attorney
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, Managing Assistant County Attorney
County Attorney
'--' \",
PRIMARY CONTACT INFORMATION
(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 Chammln's signature are 10 he delivered to the BCC office only after the BCe has acted to approve the
item.)
Name of Primary Staff Sue Faulker, Alternative Transpol1ation Phone number (239) 252-5889
Contact Modes
Agenda Date Item was 4/22/08 Agenda Item Number 16B (4)
Approved by the BCC
Type of Document Resolution Number of Original (4) Four
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not Applicablc column, whichever is appropriate.
1.
Original document has been signcdlinitialed for legal sufficiency. (All documents to be signed by the
Chairman, with Ihe 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 fhllTI contracts, agreemcnts, etc. that have been fully
executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials,)
All handwrilten 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 applicable,
"Sign here" tabs arc placed on the appropriate pages IIldicating 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 Bee office within 24 hours of BCC approval. Some documents are
time sensitive and reqUIre forwarding to Tallahassee wtthll1 a certain time frame or the BeC"s actions
are nullified. Be aware of our deadlines!
The document was approved by the BeC on April 22, 2008 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's Office has
reviewed the chan es, if a Iicable.
Please record and return three executed ori inal document s to Scott R. Teach, Mana in ACA
Yes
(Initial)
SRT
N/A (Not
A licable)
2.
3.
4.
5.
6.
7.
N/A
SRT
SRT
N/A
SRT
SRT
I Forms! County Fonns! BCe Forms! Origmal Documents Routing Slip WWS Ongmal 9Jl304, Revised 1,26,05, ReVIsed 2,2405
<<matler_ numbem/<<do("ument _numbeD)
16 8 't4
MEMORANDUM
Date: April 30, 2008
To: Sue Faulkner, Principal Planner
Alternative Transportation
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Resolution 2008-108 & The Shirley Conroy Grant
Attached are four original documents (Agenda Item #16B4) adopted by
the Board of County Commissioners on Tuesday, April 22, 2008.
Please forward a Letter of Notification with the grant application
re2ardin2 the chan2e in Re2istered A2ent.
The Minutes & Records Deaprtment has retained an original for the
Official Records. Please forward a fully executed original for the Board's
official records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachment
168
COLLIER COUNTY GOVERNMENT
TRANSPORTATION SERVICES DIVISION
4
61',
..'" '
. . . '~'"
Alternative Transportation Modes Department
2885 Horseshoe Drive South e Naples, Florida 34104 e239-774-8192 e FAX 239,213.5899
April 22, 2008
Ms. Lisa Bacot
Executive Director
Commission for the Transportation Disadvantaged
605 Suwannee Street, Mail Station 49
Tallahassee, FL 32399-0450
Dear Ms. Bacot,
It is my pleasure to submit one original and two copies of Collier County's application for the Shirley
Conroy Grant. The Board of County Commissioners approved, through Resolution .he enclosed
application on April 22, 2008. We are requesting assistance to purchase one vehicle compatible with
our current fleet that is servicing our disabled passengers in Collier County. This vehicle will be a
replacement vehicle for one that has outlived it useful life.
Should you have any questions concerning this application, please do not hesitate to contact me at 239-
774-8192 at anytime. Thank you so much for the opportunity to apply for the Shirley Conroy Grant.
Sincerely,
~ .~~ Jii.'
... -... i!
. ~. . (....:...c . t..-..........------
Sue Faulkner
Principal Planner
Alternative Transportation Modes
cc Diane Flagg, Director of Alternative Transportation Modes
c
,j
{~~ ~
r
c
d H
l'l
\'
~~
J~t)Jj 4
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman of the Board to execute the attached
Shirley Conroy Rural Area Capital Equipment Support Grant and the applicable
documents.
OBJECTIVE: To authorize the Chairman of the Board to execute the attached grant
application and applicable documents.
CONSIDERATION: The Shirley Conroy Rural Area Capital Equipment Support Grant
is used to help provide rural transportation in Collier County and is made available each
year through an application process administered by the Florida Commission for the
Transportation Disadvantaged. The paratransit bus requested for purchase through this
grant will allow for the replacement of a high mileage vehicle recommended for
replacement. The BCC has the authority to file this grant application.
FISCAL IMPACT: This FY08 grant request of $66,000.00 will require a 10% local
match. The local match amount of $6,600.00 is available from County fund (427)
Paratransit FY08 budget.
GROWTH MANAGEMENT IMP ACT: Consistent with Objectives 10 and 12 of the
Growth Management Plan.
RECOMMENDATION: That the Board authorize the Chairman to execute the attached
Shirley Conroy Rural Area Capital Assistance Support Grant application. It should be
recognized that the grant award referenced above, in the amount of $66,000.00, is a
preliminary number and is subject to change,
Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes
Attachment: (1) Shirley Conroy Rural Area Capital Assistance Support Grant
Application; (2) Resolution
168 4
RESOLUTION NO. 2008 _ 108
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) AUTHORIZING THE CHAIRMAN TO EXECUTE AND FILE AN APPLICATION
FOR A SHIRLEY CONROY RURAL CAPITAL EQUIPMENT GRANT APPLICATION
WITH THE FLORIDA COMMISSION OF THE TRANSPORTATION DISADVANTAGED.
WHEREAS, Staff requests the Collier County Board of County Commissioners authorize
its Chairman to execute an application for a Shirley Conroy Rural Capital Equipment Grant from
the Florida Commission of the Transportation Disadvantaged in the amount of $66,000; and
WHEREAS, this BOARD has the authority to execute and file this grant application and
to undertake a transportation disadvantaged service project as authorized by Section 427.0159,
Florida Statues, and Rule 41-2, Florida Administrative Code.
NOW, THERFORE, BE IT RESOLVED BY THE BOARD THAT:
1. The BOARD has the authority to file this grant application.
2. The BOARD authorizes its Chairman to file and execute the application on behalf of the
Collier County Board of County Commissioners with the Florida Commission for the
Transportation Disadvantaged.
3. The BOARD'S Registered Agent in Florida is: David C. Weigel, County Attorney
The registered Agents address is 3301 East Tamiami Trail, Naples, FL 34112.
4. The BOARD authorizes its Chairman to sign any and all assurances, warranties,
certifications, agreements, any subsequent amendments, contracts and other such
documents which may be required in connection with the application.
This Resolution adopted this 22 day of April. 2008, after motion, second and majority vote
in favor of adoption.
ATTEST
BOARD OF COUNTY COMMISIONERS
COLLIER C UNTY, ELORIDA
DWIG~rr E. BRQCK;'.C;LERK
"'.',
. .
~.,
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By: .:'". . (. _
Att~t as to Chp
Signa~4r~:QrSi
By:
TO F;RZ LEGAL SUFFICIENCY:
c:-t~ ~~L_
each, Manaqing Assistant County Attorney
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EXHIBIT A
Commission for the Transportaflon Disadvantaged
Grant Application Information Form for
the Shirley Conroy Rural Area
Capital Equipment Support Grant
1. DATE SUBMmED: April 22, 2008
2. LEGAL NAME OF APPLICANT: Collier County
3. FEDERAL IDENTIFICATION NUMBER: 59-6Q005S8
4. REMffiANCE ADDRESS:2I;JSiSo.u1;h Hol"Se$hoe Drlv~
5. CITY AND STATE: Naples, F'" ZIP COD!: 34104
6. CONTACT PERSON FOR THIS GRANT: Sue Faulkner
7. PHONE NUMBER: 239-252-8192 FAX NUMBER:239..252..302~
8. E-MAIL ADDRESS:SueFaulknerCcollfergov.net
9. PROJECT LOCATION [County(les)]: Collier County
10. PROPOSED START DATE: January 2009 ENDING DATE: January 2010
11. ESTIMATED PROJECT FUNDING REQUESTeD:
Grant Funds $ 60,000
Local $ 6.000
TOTAL $ 66.000
*Bus will be delivered and placed In serylce 2Q~-2010
Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev.03/0S{07
1
12. I hereby certify that this document has been duJyauthonzed by the governing body of
the applicant, and the applicant intends to complete the project, and to comply with any
attached assurances if the assistance Is awarded.
Tom Henning. Chairman of the Board of County CommlssiQne'1
TYPED NAME OF AUTHORIZED REPRESENTATIVE AND
.
SIGNATURE OF AUTHORIZED REPRESENTATIVE TOM H
DATE
13. LQcal Coordinating Board ApproU' (lI1ust be arlor to ,rant execu~onl
I hereby certify that this grant has been reviewed in Its entirety by the
Collier County Coordinating Board.
COORDINATING BOARD CHAIRPERSON'S SIGNAnJRE
DATE
~" :.... .'~ :':~'~~ ...;g.
Attettaf>>lDli.,' -:.
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Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev. 03/05/07
2
Wi.
EXHIBIT B
PROPOSED PROJECT FUNDING
I. Project ~iJtiQll and Colt
Capital equipment (Prioritized based on need.)
1. Florida Bus Unlimited - Chevy 3500 Chassis with
wheelchair positions, equipped with wheelchair lift,
vehicle as 10 passenger seating capacity.
$ 66~OOO
2.
$
3.
$
Total Project Cost
$ 66,000
II. Funding Participation
A. Transportation Disadvantage
Trust Funds
(90010)
$ 59,400
B. Local Match
(10%)
$ 6,600
$ 66,000
C. Total Project Cost
Collier Area paraTranslt program Is seeking to replace a high mileage vehicle used in
our paratransit program. Our paratranslt program serves ADA, Transportation
Disadvantaged, Medicaid passengers, as well as agency funded trips for the
disabled.
Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev. 03/05/07
3
Who:
What:
When:
Where:
w
i...
EXHIBIT C
SCOPE
Collier County / Collier Area Transit on behalf of Collier County Rural Citizens.
These grant monies will be used to purchase a small cutaway Chevy chassis
paratransit vehicle. This vehicle is a 10 seating capacity, wheelchair lift equipped
vehicle. The procurement of this vehicle will be from the Florida State Vehicle
Procurement Program administered through the Center for Urban Transportation
Research in Tampa, Florida.
Collier Area Transit operates its paratransit department, known as CoIlier Area
paraTransit. Collier Area paraTransit will implement the purchase of this vehicle
January of 2009, pending approval of this grant award. Collier County
Government will fund the match requirement of this grant. This vehicle is
expected to be ordered, delivered and placed in service by June of 2009.
Rural community of Immokalee, Florida. Collier Area paraTransit provides
transportation to members of the disabled community through out Collier County,
including but not limited to rural areas of the Collier County such as the
community of Immokalee, Everglades City, and Camestown.
This service will include, but is not limited to the following locations.
Community of Immokalee
Marion Fetter Health Clinic - Heritage Blvd.
Workforce Development - Career Center- 1 It Street.
Collier County Library - Immokalee Drive and'~Street.
Collier County Health Department - 15t Street
Robert Centers - a Senior Dining Site Center - Roberts Avenue.
Arrow Head Community - Lincoln Blvd.
Winn Dixie Shopping Center - Lake Trafford Road.
United States Post Office - 9th Street.
Collier County Court House - Main Street.
Farm Workers Village - Highway 29.
Everglades City
Everglades City Hall
How: These grant monies will be used to purchase a small cutaway Chevy vehicle, with
a 3500 chassis. The procurement of this vehicle will be from the Florida State
Vehicle Procurement Program administered through the Center for Urban
Transportation Research in Tampa. Florida. Upon receipt of the vehicle, Collier
16H 4
Are~ para!ransit will im~lement the service within 120 days of delivery. This
vehicle will enhance Collier County's overall paratranist vehicle fleet. This
enhancement will improve service delivery because the newer vehicle will have
fewer mechanical issues.
Why: Public transportation for the disabled population for the rural areas of Collier
County such as the community of Immokalee is critical to allow the transportation
dependent population access to employment, and health care. and the freedom to
live independently.
Scope of Project
This project is to replace a high mileage vehicle in Collier County'sparatrans.it program.
The funds will be used to replace a vehicle used in rural areas of Collier County such as
in the Community of Immokalee, Florida to ensure high risk. low income, elderly.
disabled, and transit dependent populations receives transportation to medical care, work,
dining. shopping. and recreatiottaJ. activities.
These funds will be used for the capital purchase of one paratransit bus.
Safety
Collier Area paraTransit operates in compliance with Florida Department of
Transportation. U.S. DOT, Commission for the Transportation Disadvantaged. and
Federal Transit Administration regulations. This oompliance includes Collier Area
Transit's program I policy against substance abuse and alcohol misuse.
Collier Area Transit maintains a System Safety Program Plan, and a System Security
Emergency Preparedness Plan.
Collier County's Fleet Maintenance Department utilizes an aggressive preventative
maintenance program to maintain all vehicles' used in the program for both fixed route
and paratransit service. This service is provided in Collier County at the maintenance
facility located at County Barn Road. in Naples. FL.
Each vehicle is inspected daily to ensure driver and passenger safety.
Description
Collier County is home to the Community of Immokalee. Florida. lmmokalee Florida is
designated as an area of economic concern. Collier County I Collier Area Transit
provides paratransit services in the rural community of Immokalee. Florida. This service
includes transportation to dining sites for senior citizens. transportation to dialysis
treatments, trips for work, school, and other medical services.
w
Many of Collier Area Transit's paratransit passengers from the Community of
Immokalee to the core Naples area use fixed routes such ,as Route 5 and Route 8. This
provides more transportation flexibility and a decrease in fares for the passengers.
For passengers unable to access the fixed routes, the rural para transit service is critical for
medical trips for the transportation disadvantaged population.
The grant funds from the Shirley Conroy grant will be used to truly provide employment
access, and medical care that will make a positive difference in people's lives.
6- ~
J6B
4
L
EXHI BIT E
STANDARD ASSURANCES
The recipient hereby assures and certifies that:
(1) The recipient will comply with the federal, state, and local statutes, regulations,
executive orders, and administrative requirements which relate to discrimination on the
basis of race, color, creed, religion, sex, age, and handicap with respect to employment,
service provision, and procurement.
(2) Public and private for-profit, transit and paratransit operators have been or will be
afforded a fair and timely opportunity by the local recipient to participate to the
maximum extent feasible in the planning and provision of the proposed transportation
planning services.
(3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the
Transportation Disadvantaged Program and to receive and disburse State funds.
(4) The recipient intends to accomplish all tasks as Identified in this grant application.
(5) Transportation Disadvantaged Trust Funds wiU not be used to supplant or replace
existing federal, state, or local government funds.
(6) Capital equipment purchased through this grant meets or exceeds the criteria set forth
in the Florida Department of Transportation's equipment specifications, "Guidelines for
Acquiring Vehicles" dated October 1993 (or as updated), "Part 1, Bid Documents,"
dated July 1995 (or as updated), and "Part 2, Specification Guidelines for Specialized
Vehicles," dated July 1993 (or as updated), or criteria set fo.rth by any other federal,
state, or local government agency.
(7) Capital equipment or consultant services purchased through this grant comply with the
competitive procurement requirements of Chapter 287 and Chapter 427, Florida
Statutes.
(8) If capital equipment is purchased through this grant, the demand response service
offered to individuals with disabilities, Including individuals who use wheelchairs, Is
equivalent to the level and quality of service offered to individuals without disabilities.
Such service, when viewed in its entirety, Is provided in the most Integrated setting
feasible and is equivalent with respect to:
(a) response time,
(b) fares,
Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev. 03/05/07
7
(c) geographic service area,
(d) hours and days of service,
(e) restrictions on trip purpose,
(f) availability of information and reservation capability, and
(g) contracts on capacity or service availability.
In accordance with 49 CFR Part 37, public entities operating demand response systems for the
general public which receive financial assistance under 491.1.5.C. 5310 or 5311 of the Federal
Transit Administration (FTA) have filed a certification with the appropriate state program office
before procuring any inaccessible vehicle. Such public entities not receiving FTA funds have
also filed a certification with the appropriate program office. Such pUblic entitles receiving FTA
funds under any other section of the FTA have filed a certification with the appropriate FTA
regional office.
This certification is valid for no longer than the contract period for which the grant application
is fried.
Date:
Signature:
.
Name: Tom Henning
Title: Chairman of Board Qf County Commissioners
~'-.. '1',.,
. a X; e'l.~
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. te<'-biw Countll itt~t)I'i;.sJ
Deputy C)Q . . . ......of "',
Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev. 03/05/07
8
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168 4
Fleet: Vehicles by Department/Cost Center Page 1 of 1
Equipment List for Department/Cost Center 138337
Pieces: 21 Total Cost; $1,356,451.61
Click on Equip # link foJ' Lifecy<:le Costs and Mileage
Equip' Coat Date Acq L1c.n.. #I Color V'.r Mat. Model La..,t PM Sk.dD...
MI"'. Due?
031Ua $58,961.00 08/0912003 216903 IM'lIte 2003 FORD E450 212900 NO NONE
!H.2n~ $59,083.40 0111912004 221060 IM'lltlllBfue 2003 FORO E450 154550 NO NONe
Q42.I11 $44,050.80 0210512004 219709 While 2003 FORD E350 VAN 219051 NO NONE
04281 Z $44,050.80 0210512004 219710 'MIlle 2003 FORD E350 VAN 192097 NO NONE
U2I1i. $44.050.80 0210512004 219711 White 2003 FORD E35Q VAN 204100 XU 0412412008
Q4U14 $44,050.80 02/0512004 219112 Vllhlle 2003 FORD E350 VAN 211930 NO NONE
nom $57,002.00 0310412005 225629 'MIlte 2003 FORO E450 114863 NO NONE
1lIlli $0.00 0911912005 OEPT 2005 COLLIER COUNTY NO NONE
llG.O.UZ $80,315.43 01/2012006 218430 'MIlle 2008 CHEVROLET GLAVAL 103217 NO NONE
BUS
~.n~ $80,253.00 01/2012006 218432 Vllhlle 2006 CHEVROLET GlAVAL 100200 NO NONE
BUS
OJ.OOU $80,555.88 01/2512008 218428 'MI11e 2006 CHEVROLET GLAVAL 101261 NO NONE
BUS
0illD.H $80,426.70 01/2512006 218429 IIV1II1e 2006 CHEVROLET GLAVAL 104981 NO NONE
BUS
l!.IlIOD $80,253,00 01/2512006 218431 White 2006 CHEVROLET GLAVAL 96406 YES NONE
BUS
c..C.coU $54,860.00 01104/2007 TA8588 'MI11e 2005 FORD E350 57899 YEa NONE
CUTAWAV
c..C1:..1U $59,958.00 02/2112007 TA7635 While 2006 CHEVROLET exPRESS 27903 NO NONE
3500
CJ~MQl $64,090.00 07/17/2007 TA931.. IIV1Ilte 2001 CHEVROLET EXPReSS 34856 Yl.1 NONE
3500
~u. $81.358.00 10/1112007 220294 White 2007 CHEVROLET GLAVAL 20733 YO NONE
BUS
C~I $81,356.00 10/11/2007 220293 White 2007 CHEVROLET GLAVAL 27885 NO NONE
BUS
$87.256.00 02118/2008 220299 WbI1e 2007 CHEVROlET GLAVAl 3007 NO NONE
c.c.2~ BUS
$87,258.00 02/18/2008 220298 VIrtllle 2007 CHEVROlET GLAVAL 4793 NO NONE
~.~Z::UI BUS
$81,258.00 02/1812006 220297 VIrtlIte 2007 CHEVROlET GLAVAl 2088 NO NONE
~ BUS
http://cww2IFleetlEqListByDept.cfm?edSeachInput=427 &SelDept= 13 83 3 7 &LE=List+Equipm... 417/2008
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BUS TRANSIT SYSTEM
ANNUAL SAFETY CERTlFlCA nON
DATE: Moaday, April 07, 2001
NAME: CoOler .r\re8' TI'aDIIt
ADDRESS: 2901 COUDty Ban Road, Naples. FL 34112
IN ACCORDANCE WITH FLOlUDA STATUTI MIMI, 1111 BUS'l'RANSIT SYSTEM NAMED ABOVE
~RlBY ClRTJIl1BS TO TIlE fOLLOWING:
1) Tbe adopdOll 01. Syatelll Safety Ptopua PIo (SSJiP) pa.......t to Florida
Depllr1nteat or Tnuporilltloe safetJ .taudanllllt to.... Ia ..... Cla...... 14-90,
Florida Admillbtrlnlve Code. TIlts proan- WIll laelude tile ............ Seeartty......... PIa. to be la p_
by July 2006. ColHer Ana Traut baa tile required Seeurity Proanm Plaa 18 place.
2) ColDplll.ee wItIt lIIIIopa.l..,., ..ad'" fa tile SSPP.
3) PerfOnJUlDee .r ...uaI ufety iDspeetIoaI_ ... o......tiouI ..... .. IICCO.....
....... ........
Na_
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Carra Safety InIpocIar
I. McDoRaIcl Trlnsit ~ loc. CoIJlcr Caunl:y PIell Slnica. N....
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5
~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pmk paper. Attach to original document. Onginal documents should hc hand dclivered to the Board Ollice The completed routing slip and original
documents are to be forwarded to the Board (mice only aftl'r thc Board has taken action on the itcm I
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional sIgnatures, dates, and/or information needed" [I' the document is already complete with the
h h k
exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, complete t e c ec list, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Scott R. Teach, Deputy County Attorney County Attorney ;' AII..I' 4/22/08
?5.rr
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, Deputy County Attorney County Attorney
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCt. approvaL Nonnally the primary contact is thc person who created/prepared the executive
summary. Primary contact mtormation is needed in the event one of the addressecs above, including Sue Filsoll, need to contact staff for additional or missing
infonnation, All original documents needing the Bce Chairman's signature are to he delivered to thc BeC ollice only aftcr the BeC has acted to approve the
item.)
Name of Primary Staff Daniel Hall, Project Manager, Trans/ECM Phone Number (239) 252-6077
Contact
Agenda Date Item was 4/22/08 Agenda Item Number 16B (5)
Approved by the BCC
Type of Document LAP Agreement and Resolution Number of Original (3) Three
Attached lkC;o 2tif6 - (D'f Documents Attached
,
INSTRUCTIONS & CHECKLIST
Initial the Yes eolumn or mark "N/A" in the Not Applicable column. whichevcr 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. ete 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 routmg 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 Tallahassec 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 April 22, 2008 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's Office has
reviewed the chan es, if a Iicable.
Please record and return one executed ori inal document to Scott R. Teach, Mana in ACA
Yes
(I n itial)
SRT
N/A (Not
A licable)
2.
3.
4,
5,
6.
7.
N/A
SRT
SRT
N/A
SRT
SRT
(: Fonns/ County Fom)s/ Bce Fonml Original Documents Routll1g Slip WWS Onglnal <),0304, ReVised t 26"05, ReVised 224,05
<<matter_numbem/<<doeument number>>
168 5.
MEMORANDUM
Date:
April 25, 2008
To:
Dan Hall
Transportation/ECM
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
State of Florida Department of Transportation
"Local Agency Program Agreement"
Enclosed please find two (2) Original copies of the above mentioned
document, as referenced above, (Agenda Item #16B5), approved by the
Board of County Commissioners on Tuesday, April 22, 2008.
Please forward a fully executed original to the Minutes and Records
Department for the Board's Records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure
168 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 1
FPN: 422165-1-58-01 Fund: XU
Federal No: 8887378 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No: AP 349
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558102
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 called the
Department, and Collier County Board of County Commisisioners. 3301 East Tamiami Trail, Naples, Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this 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 Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in sidewalks
and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the
"project," and to provide Department 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.
1.01 Attachments: Exhibit(s) A. B, and 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aoency Proaram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
Removal of All Funds
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
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Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2008. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department. .
2.03 Pursuant to Federal, state, and Local Laws: 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.
2.04 Agency Funds: 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.
2.05 Submission of Proceedings, Contracts, and Other Documents': The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 805.000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: . The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 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 Section 339.135(6Xa), Florida Statutes, are hereby incorporated:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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"(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
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at aU times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors perform ing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 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.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01~
PROJECT MANAGEMENT OFFICE
03107
Plge 4
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient 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 recipient is appropriate, the recipient 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 the FOOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (Le., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
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 "1" of 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 OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
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, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (Le., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II - State Funded: Recipients of state funds (Le., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, 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 Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" 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 non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
03/07
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3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the
recipient's resources obtained from other than State 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.
Part III - Other Audit Requirements: The recipient 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.
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 of
Financial Services, 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 financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10lh Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, 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 directlv to each of the following:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Michelle S. Peronto
168 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 6
801 North Broadway Avenue
Bartow, Florida 33830
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directlv to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 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 Part III of this Agreement shall be submitted by or on
behalf of the recipient directlv to:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
...
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHW A to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
16B 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01().4()
PROJECT MANAGEMENT OFFICE
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Paga 7
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058{1 )(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Ooerations Manual, Topic 350-030-400 (Section 287.058{1 )(b),
Florida Statutes).
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 agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency 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 if:
7.01 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 of data furnished therewith or pursuant
hereto;
7.02 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;
7.03 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 expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, 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 this Agreement in whole or in part at any time the interest of the
Department requires such termination.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
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Page 8
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at wj1ich this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice-ot-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: (a) 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 a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost 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 estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts ot Agency:
9.01 Third Party Agreements: Except as otherwise authorized in. writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
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.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
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Page 9
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status. 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 ~raining, 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 of operation of the project, except
contracts for the 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.
12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a periOd of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide 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.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
16B 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 10
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 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 this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 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.
13.04 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.
13.05 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.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, 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 a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
16Q 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01lJ.4O
PROJECT MANAGEMENT OFFICE
03107
Page 11
13.12 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a. Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally-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 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 paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency [gI will 0 will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1-
800-848-3792.
168 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01~
PROJECT MANAGEMENT OFFICE
03107
Page 12
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
By:
Name: Dick Combs
Title: Deputy Director of Transportation Development
Attest:
Title: Clerk, .'
Atte$t(8~; to}:l)it
~1gndtur@ '611f~
As to form:
Attest:
Title: Executive Secretary
As to form:
~g~/=-
District Attorney
Deputy County Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
168 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01~
PROJECT MANAGEMENT OFFICE
08/06
Page13
EXHIBIT "An
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 422165-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
PROJECT LOCATION: Roberts Avenue from N. 9th Street to SR 29, Roberts Avenue from SR 29 to N. 18th Street and N.
9th Street from SR 29 to Immokalee Drive.
The project 0 is ~ is not on the National Highway System.
The project 0 is ~ is not on the State Highway System.
PROJECT DESCRIPTION: Construct a five foot concrete sidewalk separated from the edge of pavement as far as
possible. The sidewalks will be on the south side of Roberts Road and on the west side of N. 911l Street.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Construction contract to be let by ADril 30, 2008.
b) Construction to be completed by December 31. 2008.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
All wo'f;. to be conducted outside of the Department Right-of-Way shall adhere to the 2005 Florida Greenbook standards,
as amended.
All work to be conducted within the Department Right-of-Way shall adhere to the following:
(1) The FOOT standard specification for road and bridge construction, 2007 edition as amended, and
(2) The FOOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2007
edition as amended. .
168 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
08106
Plge 14
EXHIBIT" A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
For all projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FOOT "Project Df;lvelopment and Environmental Manual," where applicable
(c) The Local Agency Program Manual .
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed. which is currently
07/08 for construction.
168 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52~1~
PROJECT MANAGEMENT OFFICE
08106
Page 15
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
Collier County
Finance Department
2671 Airport Road
Naples, Florida 34112
FPN:
422165-1
PROJECT DESCRIPTION
Name: Sidewalk Length: ADoroximatelv 8.000 feet
Termini: Roberts Avenue. N. 9'" St. to SR 29. Roberts Avenue. SR 29 to N. 1811l Street and N. 9'" Street. SR 29 to Immokalee Drive
No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon legislative approval.
FUNDING
(1 ) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2007-2008
2008-2009
2009-2010
Total Planning Cost
Project Development & Environment (PO&E)
2007-2008
2008-2009
2009-2010
Total PO&E Cost
Design 2007-2008
2008-2009
2009-2010
Total Design Cost
Right-of-Way 2007-2008
2008-2009
2009-2010
TotaIRlaht~~VVavCo~
Construction 2007-2008 805.000.00 72.732.00 732.268.00
2008-2009
2009-2010
20010-2011
Total Construction Cost 805.000.00 72,732.00 732,268.00
Construction Engineering and Inspection (CEI)
2007-2008
2008-2009
2009-2010
Total CEI Cost
Total Construction and CEI Costs 805,000.00 72,732.00 732,268.00
TOTAL COST OF THE PROJECT 805,000.00 72,732.00 732,268.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the
1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
168 5
525-010--40
PROJECT MANAGEMENT OFFICE
08106
Page 16
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federa! Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 732,268.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHW A. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061,215.422,339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
160
5....
RESOLUTION NO. 2008 -109
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, SUPERSEDING RESOLUTION NO. 2007-230 AND
UNEXECUTED FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") LOCAL
AGENCY PROGRAM ("LAP") AGREEMENT FPN: 422165-1-58-01 PREVIOUSLY
APPROVED BY THE BOARD ON SEPTEMBER 11,2007, WITH THE ATTACHED LAP
AGREEMENT, WHICH INCREASES FDOT's SHARE OF LAP FUNDING FOR THE
CONSTRUCTION OF A SIDEWALK ON ROBERTS AVENUE AND NORTH 9th
STREET FROM $704,375 IN THE SUPERCEDED AGREEMENT to $732,268 AND
APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE THE ATTACHED
LAP AGREEMENT REFLECTING ADDITIONAL FUNDING FOR THIS SIDEWALK
PROJECT.
WHEREAS, Collier County, Florida ("Collier County") previously entered into a LAP
agreement on September 11, 2007, wherein FDOT agreed to reimburse Collier County the sum
of $704, 375, pertaining to a project to install a sidewalk on Roberts Avenue and North 9th Street
(the "Project") out of an estimated total project cost of $805,000; and
WHEREAS, upon receipt FDOT did not execute that agreement but now wishes to
execute a new agreement pertaining to the Project (identified as LAP Agreement FPN: 422165-
1-58-01) and agrees to reimburse Collier County the increased sum of $732,268 out of an
estimated total project cost of $805,000; and
WHEREAS, Collier County desires that this Resolution Supersede Resolution No. 2007-
230 and the previous LAP Agreement referenced therein and to approve the attached agreement
reflecting an increased in LAP Agreement funding for the Project; and
WHEREAS, the Collier County Board of County Commissioners finds that Resolution
and the attached Agreement reflecting an increase of funding for the Project is proper and that it
is in the public interest to enter into the Agreement.
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the
attached LAP Agreement reflecting increased funding for the Project.
2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT
along with the LAP Agreement for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 22nd day of April, 2008.
ATTEST:
DWIGHT E. BRQCK,c;lerk
,
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Hall Daniel
1685
From: TeachScott
Sent: Friday, April 25, 2008 3:59 PM
To: 'Martha S. Vergara'
Cc: HallDaniel
Subject: RE: LAP Agreement and Resolution 2008-110
Martha,
Once the clerk's attest is added, please return the agreements and Resolutions to Dan who will obtain FDOT's signatures and
then bring back to you for recording. Unfortunately, FOOT requires us to do it this way. I appreciate your time, attention and
assistance with this task.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-0225
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Friday, April 25, 2008 3:56 PM
To: TeachScott
Cc: HallDaniel
Subject: LAP Agreement and Resolution 2008-110
Hi Scott and Dan,
Question regarding the above mentioned Agenda Item #16B6 from the BCC Meeting held on 4/22/08,
According to the Routing Slip the Agreement is to be recorded. Do you want this item recorded before FDOT signs the doc?? Or
after??
If it is to be recorded before I will need a recording cost center number...
Will you need all three original back along with th] resolutions or just the Agreement??
Thanks,
Martha Vergara
Deputy Clerk II - BMR ( c ,S + C e n + C (
252-7240
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5/5/2008
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1685
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 1
l I ,
i '--'
FPN: 422165-1-58-01 Fund: XU
Federal No: 8887378 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No: AP 349
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this ~n.vLday of rrlA-'d ~Ot,.ebY and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agencyUof the State of Florida, hereinafter called the
Department, and Collier County Board of County Commisisioners. 3301 East Tamiami Trail. Naples. Florida 34112
hereinafter called the Agency.
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558102
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this 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 Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in sidewalks
and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the
"project," and to provide Department 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.
1.01 Attachments: Exhibit(s) A. B, and 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aaency Proaram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding. the Department will consider de-certification of said Agency for future LAP
projects.
Removal of All Funds
1685
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 2
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2008. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, state, and Local Laws: 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.
2.04 Agency Funds: 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.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 805,000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 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 Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
1685
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 3
"(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
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHW A requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 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.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
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The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient 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 recipient is appropriate, the recipient 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 the FOOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit "1" of 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 OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
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 OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (Le., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency. .
Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, 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 Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" 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 non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the
recipient's resources obtained from other than State 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.
Part III - Other Audit Requirements: The recipient 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.
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 of
Financial Services, 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 financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, 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:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Michelle S. Peronto
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
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801 North Broadway Avenue
Bartow, Florida 33830
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directlv to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 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 Part III of this Agreement shall be submitted by or on
behalf of the recipient directlv to:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, 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 financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
...
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow publiC access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
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STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Florida
Statutes) .
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-uTravel" of the Department's Disbursement Operations Manual, Topic ~50-030-400 (Section 287.058(1 )(b),
Florida Statutes).
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 agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency 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 if:
7.01 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 of data furnished therewith or pursuant
hereto;
7.02 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;
7.03 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 expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement. costs which are not provided for in the latest approved schedule of funding in Exhibit UB" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, 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 this Agreement in whole or in part at any time the interest of the
Department requires such termination.
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LOCAL AGENCY PROGRAM AGREEMENT
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If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 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: (a) 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 a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost 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 estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.,01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
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.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status. 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, il)cluding 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 of operation of the project, except
contracts for the 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.
12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
. Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide 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.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest. direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 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 this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
perm its.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 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.
13.04 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.
13.05 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.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, 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 a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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13.12 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member.
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally-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 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 paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ~ will 0 will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency 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 State Comptroller's Hotline, 1-
800-848-3792.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
By:
By:
Name: Dick Combs
Titl1DeputY Director 01 Transportation Development
Attest: ~ (j~~U In (~
Tille: Executive ecretary
As tolorm . _ L
~ltJ2 ~.L-
ney Scott R. Teach
Deputy County Attorney
As to form:
/ 1:). ~f(c:1iil \..;III WUII
District Attorney
: r'~,l
See attached Encumbrance Form for date of funding approval by Comptroller.
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LOCAL AGENCY PROGRAM AGREEMENT
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EXHIBIT" A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 422165-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated <-5 --:? - 06
PROJECT LOCATION: Roberts Avenue from N. gth Street to SR 29, Roberts Avenue from SR 29 to N. 18th Street and N.
gth Street from SR 29 to Immokalee Drive.
The project 0 is 181 is not on the National Highway System.
The project 0 is 181 is not on the State Highway System.
PROJECT DESCRIPTION: Construct a five foot concrete sidewalk separated from the edge of pavement as far as
possible. The sidewalks will be on the south side of Roberts Road and on the west side of N. gtn Street.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Construction contract to be let by April 30. 2008.
b) Construction to be completed by December 31,2008.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2005 Florida Greenbook standards,
as amended.
All work to be conducted within the Department Right-of-Way shall adhere to the following:
(1) The FOOT standard specification for road and bridge construction, 2007 edition as amended, and
(2) The FOOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2007
edition as amended.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
For all projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FOOT "Project Development and Environmental Manual," where applicable
(c) The Local Agency Program Manual
The Agency will infonn the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently
07/08 for construction.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
Collier County
Finance Department
2671 Airport Road
Naples. Florida 34112
FPN:
422165-1
PROJECT DESCRIPTION
Name: Sidewalk Length: Aooroximatelv 8.000 feet
Termini: Roberts Avenue. N. 9th St. to SR 29. Roberts Avenue. SR 29 to N. 18th Street and N. 9th Street. SR 29 to Immokalee Drive
No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon legislative approval.
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2007-2008
2008-2009
2009-2010
Total Planning Cost
Project Development & Environment (PD&E)
2007-2008
2008-2009
2009-2010
Total PD&E Cost
Design 2007-2008
2008-2009
2009-2010
Total Design Cost
Right-of-Way 2007-2008
2008-2009
2009-2010
Total RiQht-of-Wav Cost
Construction 2007-2008 805.000.00 72.732.00 732.268.00
2008-2009
2009-2010
20010-2011
Total Construction Cost 805.000.00 72.732.00 732,268.00
Construction Engineering and Inspection (CEI)
2007-2008
2008-2009
2009-2010
Total CEI Cost
Total Construction and CEI Costs 805.000.00 72.732.00 732,268.00
TOTAL COST OF THE PROJECT 805.000.00 72.732.00 732,268.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the
1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 732,268.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061,215.422,339,12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
Retn:
CLERK TO THE BOARD
INTBROFFICE 4TH FLOOR
EXT 7240
4161941 OR: 4357 PG: 0710
RECORDED In the OFFICIAL RBCORDS of COLLIER COUNTY. FL
05/06/2008 at 10:09AM DWIGHT E, BROCK. CLBRK
RBC FEE
COPIBS
137.50
16,00
16 B 5 l~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
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Page 1
I C,
,-
'-
~j
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAI R Obj:
Vendor No: F 596000558102
FPN: 422165-1-58-01 Fund: XU
Federal No: 8887 378 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No: AP 349
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this :J,nP!-day of nlAV1 ~y and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agencyUof the State of Florida, hereinafter called the
Department, and Collier County Board of County Commisisioners, 3301 East Tamiami Trail, Naples, Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this 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 Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in sidewalks
and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the
"project," and to provide Department 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.
1.01 Attachments: Exhibit(s) A B, and 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local AQency ProQram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHW A) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
Removal of All Funds
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Removal of All Funds
OR: 4357 PG: 0711
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2008. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department. .
2.03 Pursuant to Federal, state, and Local Laws: 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.
2.04 Agency Funds: 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.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 805.000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 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 Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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"(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
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHW A requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 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.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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OR: 4357 PG: 0713
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient 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 recipient is appropriate, the recipient 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 the FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit "1" of 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 OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
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 OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency. .
Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, 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 Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" 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 non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
OR: 4357 PG: 0714
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3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the
recipient's resources obtained from other than State 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.
Part III - Other Audit Requirements: The recipient 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.
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 of
Financial Services, 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 financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10lh Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, 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:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Michelle S. Peronto
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: . ..~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525.{)10-40
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Page 6
OR: 4357 PG: 0715
801 North Broadway Avenue
Bartow, Florida 33830
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directlv to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 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 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 address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, 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 financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
'.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
1685
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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OR: 4357 PG: 0716
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-uTravel" of the Department's Disbursement Operations Manual, Topic ;350-030-400 (Section 287.058(1 )(b),
Florida Statutes).
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 agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency 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 if:
7.01 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 of data furnished therewith or pursuant
hereto;
7.02 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;
7.03 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 expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit U8" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, 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 this Agreement in whole or in part at any time the interest of the
Department requires such termination.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
OR: 4357 PG: 0717
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If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 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: (a) 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 a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost 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 estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9~01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
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.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
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LOCAL AGENCY PROGRAM AGREEMENT
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OR: 4357 PG: 0718
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status. 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 of operation of the project, except
contracts for the 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.
12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide 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.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
OR: 4357 PG: 0719
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"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 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 this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
perm its.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 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.
13.04 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.
13.05 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.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, 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 a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications. is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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OR: 4357 PG: 0720
13.12 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the.
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally-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 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 paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency [gI will 0 will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency 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 State Comptroller's Hotline, 1-
800-848-3792.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
OR: 4357 PG: 0721
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
By:'
By:
Attest: . -. "V
<ir1rL Title: Clerk I :-DlVfGft '
U ~ ~ Attest, a,' to Cha 1
"51qnattire on 1 v
Name: Dick Combs
TitlbDeputy Director 01 Transportatlon Development
Attest ~ (J~J). 7h ((/d:,)
Title: Executive ecretary
As to 10nn'1tJ2/~ L
~scott R. Teach
Deputy County Attorney
As to form:
. 1:3. ~hl l:Alr'~\i.ctl [
D.istrict Attorney
--;'\~t.::
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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EXHIBIT "A" OR: 4357 PG: 0722
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 422165-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
5-:1-08
PROJECT LOCATION: Roberts Avenue from N. 9th Street to SR 29, Roberts Avenue from SR 29 to N. 18th Street and N.
9th Street from SR 29 to Immokalee Drive.
The project 0 is .t8l is not on the National Highway System.
The project 0 is .t8l is not on the State Highway System.
PROJECT DESCRIPTION: Construct a five foot concrete sidewalk separated from the edge of pavement as far as
possible. The sidewalks will be on the south side of Roberts Road and on the west side of N. 9th Street.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Construction contract to be let by April 30, 2008.
b) Construction to be completed by December 31, 2008.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2005 Florida Greenbook standards,
as amended.
All work to be conducted within the Department Right-of-Way shall adhere to the following:
(1) The FDOT standard specification for road and bridge construction, 2007 edition as amended, and
(2) The FDOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2007
edition as amended.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1 6 8 5 525-010-40
PROJECT MANAGEMENT OFFICE
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OR: 4357 PG: 0723
EXHIBIT" A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
For all projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FDOT "Project Development and Environmental Manual," where applicable
(c) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently
07/08 for construction.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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EXHIBIT "B"
OR: 4357 PG: 0724
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
Collier County
Finance Department
2671 Airport Road
Naples, Florida 34112
FPN:
422165-1
PROJECT DESCRIPTION
Name: Sidewalk Length: Approximatelv 8,000 feet
Termini: Roberts Avenue, N. 9th St. to SR 29. Roberts Avenue. SR 29 to N. 18th Street and N. 9th Street. SR 29 to Immokalee Drive
No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon legislative approval.
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2007-2008
2008-2009
2009-2010
Total Planning Cost
Project Development & Environment (PD&E)
2007-2008
2008-2009
2009-2010
Total PD&E Cost
Design 2007-2008
2008-2009
2009-2010
Total Design Cost
Right-of-Way 2007-2008
2008-2009
2009-2010
Total Riaht-of-Wav Cost
Construction 2007-2008 805.000.00 72,732.00 732.268.00
2008-2009
2009-2010
20010-2011
Total Construction Cost 805,000.00 72,732.00 732,268.00
Construction Engineering and Inspection (CEI)
2007-2008
2008-2009
2009-2010
Total CEI Cost
Total Construction and CEI Costs 805,000.00 72,732.00 732,268.00
TOTAL COST OF THE PROJECT 805,000.00 72,732.00 732,268.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the
1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
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LOCAL AGENCY PROGRAM AGREEMENT
525'{) 1 0-40
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EXHIBIT "1"
*** OR: 4357 PG: 0725 ***
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 732,268.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHW A) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
168
6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD 01<' COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink papcr. Attach to original documcnt. Original documcnts should be hand delivered to the Board Ortlee The completed routing slip and original
documents are to be forwarded to the Board Ortlee only after the Board has taken action on the item i
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additIOnal signatures, dates, and/or information needed" lfthe document is already complete with the
exception of the Chairman's sil!nature, draw a line throul!h routinl! lines #1 throul!h #4, eomplctc the checklist, and forward to Sue Filson (line #5)"
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Scott R. Teach, Deputy County Attorney County Attorney SYl/l 4/22/08
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, Deputy County Attorney County Attorney
(Thc primary contact is the holder of the original dowment pending B('C approval. Normally the primary contact is the person who crcated/prepared thc exccutive
summalY Primary contact information is needed in thc event one of the addressees abovc, including Sue Fi IsDn. necd to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC ofllce only after tbe Bce has aeted to approvc the
item.)
Name of Primary Staff
Contact
Agenda Date Item was 4/22/08
A roved by the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Daniel Hall, Project Manager, Trans/ECM
Phone Number
(239) 252-6077
l6B (6)
(3 ) Three
Ycs
( Initial)
SRT
N/A (Not
A plicablc)
Agenda Item Number
I.AP Agreemcnt and Resolution
Number of Original
Documents Attac hed
N/A
SRT
SRT
N/A
SRT
INSTRI)CTlONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichevcr is appropriate.
J.
Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the
Chailman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinanees, 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
Omcials.)
All handwritten strike-through and revisions have 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 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 1I1dicating 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 are
time sensitive and require forwarding to Tallahassee within a certain time frame or the Bces actions
are nullified. Be aware of your deadlines!
The document was approved by the BCC on April 22. 2008 and all changes made during the
meeting have been incorporated in the attached document The County Attorney's Office has
reviewed the chan es, if a Iicable.
Please record and return one executed ori inal document to Scott R. Teach, Mana in ACA
SRT
I: Forms! County Forms/ Bce Forms/ Original Documents Routlllg Slip WWS Original 9.03 04, Rcviscd 12(dl5. ReVised 224.05
((l11atter_ nUl11ber>>! <<document _ numbcr>>
2.
3.
4.
5.
6.
7.
16 B "6 ~
MEMORANDUM
Date:
April 25, 2008
To:
Dan Hall
Transportation/ECM
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
State of Florida Department of Transportation
"Local Agency Program Agreement"
Enclosed please find two (2) Original copies of the above mentioned
document, as referenced above, (Agenda Item #16B6), approved by the
Board of County Commissioners on Tuesday, April 22, 2008.
Please forward a fully executed original to the Minutes and Records
Department for the Board's Records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure
168
6 ~'~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525.{)10-40
PROJECT MANAGEMENT OFFICE
03107
Page 1
FPN; 422164-1-58-01 Fund: XU
Federal No: 8887 394 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No: AP 332
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj;
Vendor No; F 596000558102
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 called the
Department, and Collier Countv Board of Countv Commissioners, 3301 East Tamiami Trail. Naoles, Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this 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 Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in sidewalks
and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the
.project,' and to provide Department 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.
1.01 Attachments: Exhibit(s) A. B. and 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aoencv Prooram Manual, which by this reference is
made a part hereof as jf fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department. if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
168 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 2
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2008. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency a!1d granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: 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.
2.04 Agency Funds: 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.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 195.000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 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 Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
168 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 3
"(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
and which have a term for a period of more than 1 year."
3.06 Notice-to.Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHW A requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 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.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16B
6';~
525-01~0
PROJECT MANAGEMENT OFFICE
03107
Page 4
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits. below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
enterin!:) into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by th.e Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient 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 the FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I . Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit "1" of 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 OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
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 OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (Le., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part" - State Funded: Recipients of state funds (Le., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, 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 Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" 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 non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
Ilnancial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
168
6r~'
525-010-4()
PROJECT MANAGEMENT OFFICE
03107
Page 5
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number an,d year, and name of the state agency awarding it. .
Part III . Other Audit Requirements: The recipient 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.
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 of
Financial Services, 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 financial reporting packages for audits conducted in accordance with OMS Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10lh Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMS Circular A-133, as revised, 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 directlv to each of the following:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described. in Section .320 (c), OMS Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Michelle S. Peronto
'168
6-
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01lJ..40
PROJECT MANAGEMENT OFFICE
03107
Page 6
801 North Broadway Avenue
Bartow, Florida 33830
3. Copies of the financial reporting paCkage required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directlv to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 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 Part III of this Agreement shall be submitted by or on
behalf of the recipient directlv to:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor Genera', should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is m?lde available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHW A to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. r:>art 24, Appendix B, and be
168 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-0 1 ().4()
PROJECT MANAGEMENT OFFICE
03107
Page 7
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter.3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1 )(b),
Florida Statutes).
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 agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency 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 if:
7.01 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 of data furnished therewith or pursuant
hereto;
7.02 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;
7.03 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 expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "8" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, 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 this Agreement in whole or in part at any time the interest of the
Department requires such termination.
168 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 8
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 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: (a) 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 a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost 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 estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the. project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
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.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Polley and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to partiCipate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
168
6~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 9
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status. 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 Age.ncy shall insert the foregoing provision modified onJy to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the 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.
12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 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 Section 287.017, Florida Statutes, for. CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide 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.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member. officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the fof/owing provision:
168 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 10
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 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 this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 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.
13.04 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.
13.05 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.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, 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 a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16 B ~1040
PROJECT MANAGEMENT OFFICE
03/07
Page 11
13.12 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-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 federa/loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally-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 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 paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency 181 will 0 will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency 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 State Comptroller's Hotline, 1-
800-848-3792.
168 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 12
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
By:
..
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Name:Tdttt enni
Tiije:BOCC Chairman or Designee
;]] " . }Io
Atte~t:' ~~1v'Vw~,._~-
~:!t!e.: Clerk" o..u, ,:'~, -., . 1"tCC'.k-
o . '.':'i:~t il~ to Ch411"S4n S
i 1 tiHatur. oal,-/
. !-'
Name: Dick Combs
Title: Deputy Director of Transportation Development
Attest:
Title: Executive Secretary
As to form: . , ~};
J;~~~c{-
Deputy County Attorney
As to form:
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
168 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-{)1~
PROJECT MANAGEMENT OFFICE
08106
Page13
EXHIBIT" A"
PROJECT DESCRIPTION AND RESPONSIBiliTIES
FPN: 422164-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
PROJECT LOCATION: 1st Street North from Roberts Road to SR 29.
The project 0 is ~ is not on the National Highway System.
The project 0 is ~ is not on the State Highway System.
PROJECT DESCRIPTION: Construct a concrete sidewalk separated from the edge of pavement as far as possible on
North 1 at Street from Roberts Road to SR 29.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Construction contract to be let by ADril 30. 2008.
b) Construction to be completed by December 31.2008.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2005 Florida Greenbook standards,
as amended.
All work to be conducted within the Department Right-of-Way shall adhere to the following:
(1) The FDOT standard specification for road and bridge construction, 2007 edition as amended, and
(2) The FOOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2007
edition as amended.
168
6~
STATE OF FlORIOA OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-C1040
PROJECT MANAGEMENT OFFICE
08106
Page 14
EXHIBIT." A"
PROJECT DESCRIPTION AND RESPONSIBilITIES
For all projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FOOT "Project Development and Environmental Manual," wtJere applicable
(c) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently
07/08 for construction.
168
6
~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
08106
Page 15
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
Collier County
Finance Department
26-71 Airport Road
Naples, Florida 34112
FPN:
422164-1
PROJECT DESCRIPTION
Name: Sidewalk Length: AcDroximatelv 1.600 feet
Termini: 111 Street North from Roberts Road to SR 29
No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon legislative approval.
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2007-2008
2008-2009
2009-2010
Total Planning Cost
Project Development & Environment (PD&E)
2007-2008
2008-2009
2009-2010
Total PD&E Cost
Design 2007-2008
2008-2009
2009-2010
Total Design Cost
Right-of-Way 2007-2008
2008-2009
2009-2010
Total Right-of-Wav Cost
Construction 2007-2008 195.000.00 17.619.00 177.381.00
2008-2009
2009-2010
20010-2011
Total Construction Cost 195,000.00 17,619.00 177.381.00
Construction Engineering and Inspection (CEI)
2007 -2008
2008-2009
2009-2010
Total CEI Cost
Total Construction and CEI Costs 195,000.00 17,619.00 177,381.00
TOTAL COST OF THE PROJECT 195,000.00 17,619.00 177,381.00
The Department's fiscal year begins on July 1. For this project. funds are not projected to be available until after the
1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
168 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525.(l1 Q-4()
PROJECT MANAGEMENT OFFICE
ll8I06
Page 16
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 177,381.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development. and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHW A. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112,06'J, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
168 6
RESOLUTION NO. 2008 -110
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, SUPERSEDING RESOLUTION NO. 2007-231 AND
UNEXECUTED FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") LOCAL
AGENCY PROGRAM ("LAP") AGREEMENT FPN: 422164-1-58-01 PREVIOUSLY
APPROVED BY THE BOARD ON SEPTEMBER 11, 2007, WITH THE ATTACHED LAP
AGREEMENT, WHICH INCREASES FDOT's SHARE OF LAP FUNDING FOR THE
CONSTRUCTION OF A SIDEWALK ON 1st STREET NORTH FROM $170,625 IN THE
SUPERCEDED AGREEMENT to $177,381 AND APPROVING AND AUTHORIZING
ITS CHAIRMAN TO EXECUTE THE ATTACHED LAP AGREEMENT REFLECTING
ADDITIONAL FUNDING FOR THIS SIDEWALK PROJECT.
WHEREAS, Collier County, Florida ("Collier County") previously entered into a LAP
agreement on September 11, 2007, wherein FDOT agreed to reimburse Collier County the sum
of $170,625, pertaining to a project to install a sidewalk on 1 st Street North (the "Project") out of
an estimated total project cost of $195,000; and
WHEREAS, upon receipt FDOT did not execute that agreement but now wishes to
execute a new agreement pertaining to the Project (identified as LAP Agreement FPN: 422164-
1-58-01) and agrees to reimburse Collier County the increased sum of $177,381 out of an
estimated total project cost of $195,000; and
WHEREAS, Collier County desires that this Resolution Supersede Resolution No. 2007-
231 and the previous LAP Agreement referenced therein and to approve the attached agreement
ref1ecting an increased in LAP Agreement funding for the Project; and
WHEREAS, the Collier County Board of County Commissioners finds that Resolution
and the attached Agreement ref1ecting an increase of funding for the Project is proper and that it
is in the public interest to enter into the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the
attached LAP Agreement ref1ecting increased funding for the Project.
2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT
along with the LAP Agreement for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 22nd day of April, 2008.
I " ~"
. .
ATTEST: '.
DWIGHTE.. BRO~K,'~lerk
,.,{
By:
BOARD OF COUNTY COMMISSIONERS
OFCO~~IERIL
Tom Henning, Chairman .r
;i 1 f:?16 t..ut'~~ CG11 ti
$;Fit!:. t:ga1 sufticiency:
ott R. each,
Managing Assistant County Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16 B 6 l~
525-01Q..40
PROJECT MANAGEMENT OFFICE
03107
Page 1
I (C) (<, ()
FPN: 422164-1-58-01 Fund: XU
Federal No: 8887 394 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No: AP 332
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this';VwLday of (Y ) If! 'i ,~ by and between the ST ATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agenc of the State of FlOrida, hereinafter called the
Department, and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Naples, Florida 34112
hereinafter called the Agency.
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558102
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this 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 Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in sidewalks
and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the
"project," and to provide Department 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.
1.01 Attachments: Exhibit(s) A S, and 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local AQency ProQram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
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Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2008. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: 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.
2.04 Agency Funds: 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.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 195.000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 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 Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
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LOCAL AGENCY PROGRAM AGREEMENT
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"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, inv.olves 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 w~ich are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHW A requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 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.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
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The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. Sy
entering into this Agreement, the recipient 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 recipient is appropriate, the recipient 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 the FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (Le., state, local government or non-profit organizations as
defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria:
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 "1" of 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, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (Le., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II - State Funded: Recipients of state funds (Le., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, 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 Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" 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 non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the
recipient's resources obtained from other than State 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. .
Part III - Other Audit Requirements: The recipient 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.
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 of
Financial Services, 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 financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at 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 (t), OMS Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMS Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, 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 directlv to each of the following:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMS Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Michelle S. Peronto
16B6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-<l1()..40
PROJECT MANAGEMENT OFFICE
03107
Page 6
801 North Broadway Avenue
Bartow, Florida 33830
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directlv to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 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 Part III of this Agreement shall be submitted by or on
behalf of the recipient directlv to:
a) The Department at each of the following address(es):
Michelle S. Perento
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, 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 financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V . Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
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submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida
Statutes ).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter,3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 487.058(1)(b),
Florida Statutes).
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 agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency 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 if:
7.01 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 of data furnished therewith or pursuant
hereto;
7.02 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;
7.03 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 expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, 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 this Agreement in whole or in part at any time the interest of the
Department requires such termination.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 8
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated,
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 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: (a) 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 a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost 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 estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the. project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
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.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
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12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status. 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 onJy to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the 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.
12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide 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.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"'.~~"',j~>!I~1
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 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 this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
perm its.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 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.
13.04 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.
13.05 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.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, 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 a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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13.12 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally-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 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 paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency [81 will D will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency 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 State Comptroller's Hotline, 1-
800-848-3792.
16 B 6~\'
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01 D-40
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IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
By:
Deputy County Attorney
::AT~m:ENT OF TRANSPORTATION
Name: Dick Combs
Tit : Deputy Director of Tr nsportation Development
t.
Attest:
As to form:
I j}.. AnjanLGirwarr 1; I 0'6
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1686 ,~
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Page13
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBiliTIES
FPN: 422164-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
,5--~ - ()~
PROJECT LOCATION: 1st Street North from Roberts Road to SR 29.
The project 0 is .!81. is not on the National Highway System.
The project 0 is .!81. is not on the State Highway System.
PROJECT DESCRIPTION: Construct a concrete sidewalk separated from the edge of pavement as far as possible on
North 151 Street from Roberts Road to SR 29.
SPECIAL CONSIDERA TrONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Construction contract to be let by April 30, 2008.
b) Construction to be completed by December 31.2008.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2005 Florida Greenbook standards,
as amended.
All work to be conducted within the Department Right-of-Way shall adhere to the following:
(1) The FOOT standard specification for road and bridge construction, 2007 edition as amended, and
(2) The FDOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2007
edition as amended.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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EXHIBIT."A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
For all projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FDOT "Project Development and Environmental Manual," where applicable
(c) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently
07/08 for construction.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16 B 6 '\1 ~2~1040
PROJECT MANAGEMENT OFFICE
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EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
Collier County
Finance Department
2671 Airport Road
Naples, Florida 34112
FPN:
422164-1
PROJECT DESCRIPTION
Name: Sidewalk Length: Aooroximatelv 1.600 feet
Termini: 1st Street North from Roberts Road to SR 29
No work shall begin until the Department has issued a written Notice to Proceed tor each phase. Funds are contingent upon legislative approval.
FUNDING
(1 ) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2007-2008
2008-2009
2009-2010
Total Planning Cost
Project Development & Environment (PD&E)
2007-2008
2008-2009
2009-2010
Total PD&E Cost
Design 2007-2008
2008-2009
2009-2010
Total Design Cost
Right-of-Way 2007-2008
2008-2009
2009-2010
Total Right-ot-Way Cost
Construction 2007-2008 195,000.00 17,619.00 177.381.00
2008-2009
2009-2010
20010-2011
Total Construction Cost 195,000.00 17,619.00 177.381.00
Construction Engineering and Inspection (CEI)
2007-2008
2008-2009
2009-2010
Total CEI Cost
Total Construction and CEI Costs 195,000.00 17,619,00 177.381.00
TOTAL COST OF THE PROJECT 195,000.00 17.619.00 177,381.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the
1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1686."
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EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 177,381.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHW A) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHW A. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT 7240
4161937 OR: 4357 PG: 0685
137.50
16,00
REC FEE
RECORDED In tne OFFICIAL RECORDS of COLLIER COUNTY. FL COPIES
05/06/2008 at 10:02AH DWIGHT E. BROCK. CLERK
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16B
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ROJECT MANAGEMENT OFFICE
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I,-~ G
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558102
FPN: 422164-1-58-01 Fund: XU
Federal No: 8887 394 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No: AP 332
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into thiS.)/ rwL day of fr} a 'i ,aWe by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agenc of the State of FlOrida, herem after called the
Department, and Collier County Board of County Commissioners, 3301 East Tamiami' Trail, Naples. Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this 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 Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in sidewalks
and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the
"project," and to provide Department 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.
1.01 Attachments: Exhibit(s) A. B. and 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aqency Proqram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1686 ....".;
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Removal of All Funds
OR: 4357 PG: 0686
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2008. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: 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.
2.04 Agency Funds: 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.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 195,000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 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 Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
OR: 4357 PG: 0687
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"(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
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHW A requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
proj'ect and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 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.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. Sy
entering into this Agreement, the recipient 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 recipient is appropria'te, the recipient 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 the FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria:
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 "1" of 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, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, 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 Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" 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 non-state entities, State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
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LOCAL AGENCY PROGRAM AGREEMENT
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OR: 4357 PG: 0689
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
~umber and year, and name of the state agency awarding it. .
Part III - Other Audit Requirements: The recipient 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.
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 of
Financial Services, 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 financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)( 1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, 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:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Michelle S. Peronto
16B6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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OR: 4357 PG: 0690
801 North Broadway Avenue
Bartow, Florida 33830
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directlv to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 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 Part III of this Agreement shall be submitted by or on
behalf of the recipient directlv to:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, 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 financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHW A to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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OR: 4357 PG: 0691
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter.3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section ~87 .058( 1 )(b),
Florida Statutes).
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 agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency 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 if:
7.01 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 of data furnished therewith or pursuant
hereto;
7.02 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;
7.03 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 expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "8" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, 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 this Agreement in whole or in part at any time the interest of the
Department requires such termination.
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If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated,
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 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: (a) 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 a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost 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 estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the. project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
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.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
OR: 4357 PG: 0693
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12.00 Restrictions, Prohibitions, Controls, and labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status. 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 of operation of the project, except
contracts for the 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.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide 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.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
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"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 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 this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
perm its.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 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.
13.04 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.
13.05 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.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, 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 a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
OR: 4357 PG: 0695
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13.12 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-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/oan, 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 federally-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 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 paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ~ will D will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency 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 State Comptroller's Hotline, 1-
800-848-3792.
1686
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
OR: 4357 PG: 0696
525-01 D-4O
PROJECT MANAGEMENT OFFICE
03/07
Page 12
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
By:
Deputy County Attorney
::ATE~m=ENT OF TRANSPORTATION
Name: Dick Combs
Tit : Deputy Director of Tr nsportation Development
t.
Attest:
Title: Executive
As to form:
I
(ij.AnJaDi Girwarr -) \ 0'6
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
1686
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
08/06
Page13
EXHIBIT "A"
OR: 4357 PG: 0697
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 422164-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
._?",s - 0&
PROJECT LOCATION: 1st Street North from Roberts Road to SR 29.
The project 0 is 181 is not on the National Highway System.
The project 0 is 181 is not on the State Highway System.
PROJECT DESCRIPTION: Construct a concrete sidewalk separated from the edge of pavement as far as possible on
North 1 st Street from Roberts Road to SR 29.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Construction contract to be let by Aoril 30, 2008.
b) Construction to be completed by December 31,2008.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2005 Florida Greenbook standards,
as amended.
All work to be conducted within the Department Right-of-Way shall adhere to the following:
(1) The FDOT standard specification for road and bridge construction, 2007 edition as amended, and
(2) The FDOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2007
edition as amended.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16 B 6"..J
PROJECT MANAGEMENT OFFICE
08/06
Page 14
EXHIBITUA"
OR: 4357 PG: 0698
PROJECT DESCRIPTION AND RESPONSIBiliTIES
For all projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FDOT "Project Development and Environmental Manual," where applicable
(c) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently
07/08 for construction.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
lLaL 52Jot.
cUT AgENT OFFICE
08/06
Page 15
EXHIBIT "B"
OR: 4357 PG: 0699
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
Collier County
Finance Department
2671 Airport Road
Naples, Florida 34112
FPN:
422164-1
PROJECT DESCRIPTION
Name: Sidewalk Length: Aooroximatelv 1.600 feet
Termini: 1st Street North from Roberts Road to SR 29
No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon legislative approval.
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2007-2008
2008-2009
2009-2010
Total Planning Cost
Project Development & Environment (PD&E)
2007-2008
2008-2009
2009-2010
Total PD&E Cost
Design 2007-2008
2008-2009
2009-2010
Total Design Cost
Right-of-Way 2007-2008
2008-2009
2009-2010
Total Right-of-Wav Cost
Construction 2007-2008 195.000.00 17,619.00 177.381.00
2008-2009
2009-201 0
20010-2011
Total Construction Cost 195,000.00 17,619.00 177,381.00
Construction Engineering and Inspection (CEI)
2007-2008
2008-2009
2009-2010
Total CEI Cost
Total Construction and CEI Costs 195,000.00 17,619,00 177,381.00
TOT AL COST OF THE PROJECT 195,000.00 17,619.00 177,381.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the
1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1686 4
52~10-40
PROJECT MANAGEMENT OFFICE
08/06
Page 16
EXHIBIT "1"
*** OR: 4357 PG: 0700 ***
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 177,381.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHW A) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061,215.422,339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 8 8
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 011 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
exceDtion of the Chairman's silmature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to 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 Nick Casalanguida Phone Number 252-6064
Contact
Agenda Date Item was 04-22-08 Agenda Item Number 16 b 8
Aooroved bv the BCC
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except 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 BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 04-22-08 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
L~
1'\0..
i6
Le
Lb
Lh
I: Forms! County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
168 8 ~
MEMORANDUM
Date:
April 23, 2008
To:
Nick Casalanguida, Director
Transportation/Planning
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Easement Agreement - Heritage Bay Development, LLC
Enclosed please find one (1) copy of the document as referenced above
(Agenda Item #16B8), approved by the Board of County Commissioners on
Tuesday, April 22, 2008.
The Minutes & Records Department has kept the original document as part of
the Board's permanent record.
If you should have any questions, please call me at 252-7240.
Thank you.
Enclosure
EASEMENT AGREEMENT
THIS EASEMENT AGREEM~T (hereinafter referred to as the "Agreement") is
made and entered into on this..aa= day of A p.... \ , 20..QL, by and between
HERITAGE BAY DEVELOPMENT, LLC, a Florida limited liability company, whose mailing
address is 11983 Tamiami Trail North, Suite NO.1 DO, Naples, Florida 34110, (hereinafter
referred to as "Owner"), and COlliER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a Perpetual, Non-exclusive Easement for Pathways
and Public Utilities over, under, upon and across the lands described in Exhibit "A", which
is attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2, Owner shall convey the Easement to Purchaser for the sum of:
$55,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"), Said
payment to Owner, payable by County Warrant, shall be full compensation for the
Easement conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and shall be in full and final settlement of any damages
resulting to Owner's remaining lands, costs to cure, including but not limited to the
cost to relocate the existing irrigation system and other improvements, and the cost
to cut and cap irrigation lines extending into the Easement, and to remove all
sprinkler valves and related electrical wiring, and all other damages in connection
with conveyance of said Easement to Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement upon
their recording in the public records of Collier County, Florida. Owner shall cause to
be delivered to Purchaser the items specified herein and the following documents
and instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents") on or before the date of Closing:
(a) Perpetual, Non-exclusive Pathway and Public Utility Easement;
(b) Subordination, Consent and Joinder (Regions Bank);
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
168
8
Page 2
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence of this Agreement and
that, therefore, Closing shall occur within ninety (90) days from the date of execution
of this Agreement by the Purchaser; provided, however, that Purchaser shall have
the unilateral right to extend the term of this Agreement pending receipt of such
instruments, properly executed, which either remove or release any and all such
liens, encumbrances or qualifications affecting Purchaser's enjoyment of the
Easement. At Closing, payment shall be made to Owner in that amount shown on
the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing
Documents to Purchaser in a form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
Easement and its performance after relocation. Owner holds County harmless for
any and all possible damage to the irrigation system in the event owner fails to
relocate the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Easement prior
to construction of the project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and Purchaser agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to acquire
the Easement property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever.
168
8
Page 3
168
8
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement to change from its existing state on the effective date of this
Agreement up to and including the date of Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or omit
to perform any act which would adversely affect the physical condition of the
property underlying the Easement or its intended use by Purchaser.
(h) The property underlying the Easement, and all uses of the said Easement,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the Easement
contiguous to or in the vicinity of the Easement to be sold to the Purchaser,
that the Owner has not received notice and otherwise has no knowledge of:
a) any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
B, Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal
and attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
however, that any apportionment and distribution of the full compensation amount in
Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest or as consideration for
the execution of any release, subordination or satisfaction, shall be the responsibility
of the Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner per Paragraph 2. In accordance with the
provisions of Section 201.01, Florida Statutes, related to the exemptions against
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer, unless the
Easement is acquired under threat of condemnation.
10. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
Page 4
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
11. If the Owner holds the property underlying the Easement in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, of the name and address of every person
having a beneficial interest in the property underlying the Easement before the
Easement held in such capacity is conveyed to Purchaser. (If the corporation is
registered with the Federal Securities Exchange Commission or registered pursuant
to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
12. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; and this written Agreement, including all exhibits
attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and Purchaser.
13. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
14. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO. PY~CfHASER:
QAT~~~~rll~~1~
: ;'A TlEST:
:"DWIGHT E. BR CK,:Clerk
.~a .. . . :IlUty Clerk
· ~ \. \:" i"'1 . :< 4fi ,
$1~n4turt 00 f.
AS TO OWNER:
HERITAGE BAY DEVELOPMENT, LLC,
a Gabmty company
Steven T. Hovland,
Managing Member
~ A ril
(Witness (Sig
Terri M. Terry
Name (Print or Type)
~~
Witness (Signature)
~rcb Tbr;1)
Name (Print or Type)
2008
6
168
8
''''''Z~~!\ t. f~ & 1*~
LLL-V(/4
,'I" : \~.."t e...t, At..,
Ell," T. OhI...ll
168
8~
***THIS IS NOT A SURVEY***
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o
LINE CF TRACT D
TRACT D
HERITAGE BA" COMMONS
PB 4.3, pes 46-54
EXHIBIT A
Page-L OfT
PROPOSED
R 583' 48'20 "C'
IGHT-OF WAY " 318 OS'
- LINE .
N69"56'23"W 307.97'
S LINE OF TRACT D
BEARING BASIS
N LINE OF 100 WIDE COCOHATCHEE
CANAL RIGHT-OF-WAY
POB
SW CORNER OF
TRACT D
CURVE TABLE
DELTA
11'05'12"
Cf-<ORD BRG
N1T35'12"W
E
w
~
POB POINT OF BEONNING
PB PlAT BOOK
PG(S) PAGE(S)
L 1 SEE LINE TABLE
C 1 SEE CURVE TABLE
f
30 60
GRAPHIC SCALE'
,.... 60'
LEGAL DESCRIPTION
A TRACT OR PARCEL OF LAND SI-:-UATED IN THE STA~E OF FLORIDA, COUNTY OF CO_lIER, LYING IN SECTION 2.3,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEiNG PART OF TRACT 0, HERITAGE BAY COMMONS, AS RECORJED IN
PlAT BOOK 43, PAGES 46 THROUGH 54, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING
MORE PARTICUlARL" OESCRIBED AS FOLLOWS'
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 0;
THENCE NORTHERLY 3522 FEET ALONG THE WEST liNE OF SAIO TRACT D AND THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT rlAVING A RAD"JS OF 16200 FEET THROUGH A CENTRAL ANGLE OF 1"OS'12" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.'.Y35'12"W FOR 35.16 FEET;
THENCE S,8.3'48'20"E.. FOR 318.09 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 0;
THENCE N.89'S8'23"W. ALONG SAIJ SOl., TH LINE, FOR 307.97 FEET TO THE POINT OF' BEGINNING.
CONTAINING 5,282 SQUARE FEET OR 0.12 AC~ES, MORE OR LESS,
PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY, (RECORDED AND
UNRECORDED. WRITTEN AND UNWRITTEN).
BEARINGS BASED ON THE SOL;TH LINE OF TRACT D, HERITAGE BAY COMMONS, AS RECORDEO IN PlAT BOOK 43,
PAGES 45 Tf-<ROUGH 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING iN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS HAVING A BEARING OF N89'S8'23"W.
~~__4j~A_~_
RICHARD V. NESTLER DATE
PROFESSIO'iAL SURVEYO.R AND MAPPER
FLORIDA CERTIFICATE No LS 4785
NOT VAliD UNLESS EMBOSSED WITf-< PROFESSIONAL'S SEAL
RE\lISEO TO COR~ECT SECTION/PLAT INFORt.4ATIQN 4-J.-08 PTN
D\lT^~C'~
CONSULTING a.il~
.... '" ,~ .a. Smwyiai &: M.pping
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI.16 lB 8
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 Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has takcn action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional sil,'I1atures. 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 h routin 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)
1.-
2.
3.
4.
........--....'
'0._0. _--:.:::=-...... .
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC 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 BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
5.
Sue Filson, Executive Manager
Board of County Commissioners
Name of Primary Staff Robert Bosch Phone Number 252-5843
Contact
Agenda Date Item was AI' ZJ L- Agenda Item Number 1 /' R?
.." }_()u( I (r:
Approved by the BCC .....-. ,'- ,
Type of Document A. &- I, c:' r"'JL.< "-"v 'T' Number of Original ;~M ~.~~
Attached ,,-,,"" )-" . Documents Attached
6.
Minutes and Records
Clerk of Court's Office
Yes
(Initial)
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro 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 e\ecuted by al1 f':a !ies 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 an 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{;f
2.
3.
4.
5.
6.
NC4
I: Forms! County Formsl Bee Ft,rms/ Original Dlleumcnls Routing Slip WWS Original 9.lJ3.04, Revised 1.2605, Reviscd 2.21.05
4185765 OR: 4375 PG: 1458
RBCORDBD in OfFICIAL RBCORDS of COLLIBR COUNTY, FL
07/03/2008 at 08:56AM DWIGHT B. BROCK, CLBRK
RBC FBI
COPUS
27.00
3.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 8406
1688
Project: Collier-hnmokalee Interchange
(Miscellaneous Projects No. 99999)
PARCEL: 14lPUE
FOLIO: Portion of 49660081080
This instrument
~.
Florida Power
P. O. Box 1119
Sarasota, FL 34230-1119
SUBORDINATION OF UTILITY INTERESTS
AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
TillS AGREEMENT, entered into this l""J day of Ju/....V ,2008, by and between COLLIER COUNTY, a
political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT
COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter
called "Utility".
WI TNESET H:
WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for pathway,
public utility and maintenance purposes; and
WHEREAS, the proposed use of these lands for pathway, public utility and maintenance purposes will require
subordination of the interest claimed in such lands by Utility to the County; and
WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public nght-of-
way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and
WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future
relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", attached
hereto and made a part hereof,
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the
County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto
and made a part hereof, to the interest of the County, or its successors, for the purpose of installing, constructing, maintaining
and repairing pathways and public utilities over, through, upon, and/or across such lands, based on the following:
NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK, PAGE
Plat Book Dedication 6/8/2005 Bayvcst, LLC Public Utilities Plat Book 43,
Pages 46 - 54
Declaration 6/20/2006 Bayvest, LLC & Centex Homes Utility Companies O.R. Book 3968,
Pages 4031 et seq.
Declaration 2/7/2006 Bayvest, LLC Utilities O.R. Book 3978,
i Pages 2824 et seq.
The County and the Utility further agree that:
1.
"Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the
Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A",
attached hereto and made a part hefeof.
,.,
The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate
facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's
16B8
current minimum standards for such facilities as of the date of this agreement. Any ne'N construction or relocation
of facilities within the public right-of-way will be subject to prior approval by the County.
3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be
reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to
be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present
or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring
replacement easements.
4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in
Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with
such facilities. The County shall provide and insure access to said lands by the Utility.
5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage
resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its
facilities on the said public right-of-way.
6. This Agreement shall not be assigned by the County except to the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
ATTEST:
DWIGHT E. B~~~/~teri....
, '~." ..--,
BOARD OF COUNTY COMMISSIONERS
::llffiR~~
TOM HENNING, CHAIRMAN
o
:::c
By ~'O~
Print Name: KeUy J. La
0.1:=0
(...)
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Signed, sealed and delivered
in the presence of:
FLORIDA POWER & LIGHT COMPANY
By:
Title:
.-.....
0.1:=0
c..:n
...0
Print Name: Mark L. Byers
By: {~;~\ >~
Print Name: ~k Zwieg
(Corp. Seal)
STATE OF FLORIDA, COUNTY OF SARASOTA
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally
appeared Mark L. Byers, to me known and personally known to me to be the person described in. and did not take an oath
and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power & Light Company
and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation.
WITNESS my hand and official seal in the County and State aforesaid this '~y of ~ 2008.
Approved as to form and
legal sufficiency:
Nota.ry Signature:
Notary Public State of Florida
NOTARY .Pl.mUC-5TATE OF FLORIDA
Printed Name, __ Krlly J Lopez
Commission # DD546987
Expires: MAY 01, 2010
Bonded Thru Atlantic Bonding Co., Inc.
My Commission Expires:
~ ^rh /YJill
(vs= ~ ^ T C Lt "< ~l\.
Assistant County Attorney
2
FPL Subordination Agreement
***THIS IS NOT A pURVEY'***
*** OR: 4375 PG: 1460 ***
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W LINE OF TRACT D
TRACT D
HERITAGE BAY COMMONS
PB 43, PGS 45-54
EXHIBIT A [
~ ( of
- 0
POB
SW CORNER OF
TRACT D
PROPOSED
S83' 48 '2 "
RIGHT-OF '''AY 0 E: 3180g'
... LINE: '
N89'58'23"W 307.97'
S LINE OF TRACT D
BEARING BASIS
N LINE OF 100 WIDE COCOHATCHEE
CANAL RIGHT-OF-WAY
CURVE
C1
CURVE TABLE
DELTA
11"05'12"
CHORD BRG.
N13"35'12"W
LEGEND
POB POINT OF BEGINNING
PB PLAT BOOK
PG(S) PAGE(S)
L 1 SEE LINE TABLE
C1 SEE CURVE TABLE
WSE
r
o
I
30 60
I
GRAPHIC SCALE
1"= 60"
........ / 4{~I,(t: _ ^'
LEGAL DESCRIPTION - ~r::~PJ::TL{A.k AIO;fJ+-J::xCLuSr.VE. fAr-I (-fkAY A i)
fJ u. Q't...:z: c 'l-t r1: L- 1: (" v f3- 4- S r;;. NFAR. .,-
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, BEING PART OF TRACT D, HERITAGE BAY COMMONS, AS RECORDED IN
PLAT BOOK 43, PAGES 45 THROUGH 54, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 0;
THENCE NORTHERLY 35.22 FEET ALONG THE WEST LINE OF SAID TRACT 0 AND THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 182.00 FEET THROUGH A CENTRAL ANGLE OF 11"05'12" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.13"35'12"W. FOR 35.15 FEET;
THENCE S.83"48'20"E., FOR 318.09 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT D;
THENCE N.89"58'23"W. ALONG SAID SOUTH LINE, FOR 307.97 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.282 SQUARE FEET OR 0.12 ACRES, MORE OR LESS.
PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY, (RECORDED AND
UNRECORDED, WRITTEN AND UNWRITTEN).
BEARINGS BASED ON THE SOUTH LINE OF TRACT 0, HERITAGE BAY COMMONS, AS RECORDED IN PLAT BOOK 43,
PAGES 46 THROUGH 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS HAVING A BEARING OF N.89"58'23"W.
~~--------------------~~~~-
RICHARD V. NESTLER DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE No. LS 4786
NOT VALID UNLESS EMBOSSED WITH PROFESSIONAL'S SEAL
REVISED TO CORRECT SECTION/PLAT INFORMATION 4-3-08 PTN
D'11 ^ INC'~~on
CONSULTING Civil~
.A.. "" , .... .... Surveying & Mapping
1542 ClIIllon Street
Fort Myers, Florida 33901
(239) 278-5224 FAX: (239) 278-5419
www.consu~.rwa.com
Florida Certlflcate of Au1horlzatlon 16952
DA2'/29/08 CLIENT:
SCAlE:
1" - 50'
DRAWN BY: TITLE:
PTN
CH2M HILL
SKETCH & DESCRIPTION
CHECKED BY:
RVN
SEC: lWP: RGE; PROJECT 060177 02 00 SHEET 1 1
23 48S 26E NUMBER: " NUMBER: OF
FILE
NUMBER:
0004-SK2
1688
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 takcn action on the itemo)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the documcnt 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#S).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.- -----.--:--
---
2, -------------
3. ------0.-.-'.____0 ----
4. ---- -- f--_.-
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 addressecs above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the BCe has acted to approve the
item.)
Name of Primary Staff Robert Bosch Phone Number 252-5843
Contact
Agenda Date Item was A Plt::L ,- " ,. r Agenda Item Number i(~'r
Approved by the BCC " '. ~f..,,)!,/ ..?
Type of Document L If ""T,<::' .' Number of Original C,.J.t:::
Attached .......-1 ,_, Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCes actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on ''t',,1] (;, (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
NI A (Not
A licable)
2.
3.
4.
5,
6.
cst)
N It
"'A
N(;\
tt
I: Forms! County Forms! BCC Forms! Original Document:; R<,uting Slip WWS Ongll1aI903.04, Revised 1.2(LOS, Revised 2.2.LO.'i
1688
MEMORANDUM
Date:
July 29, 2008
To:
Robert Bosch
Right-of-Way Coordinator
Transportation Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Letter "Heritage Bay Development, LLC (Collier-
Immokalee Interchange)
Project #99999, Parcel #141PUE
Per your request you will find enclosed the original of the document
referenced above (Agenda Item #16B8), adopted by the Board of County
Commissioners on April 22, 2008.
Please forward a copy back to the Minutes and Records Departments once all
signatures are recieved.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosures
1688
COpy
County
TRANSPORTATION DIVISION
ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Board Minutes and Records
DATE: July 28,2008
FROM: Robert Bosch, ROW Coordinator - TECM (Tel. 252-5843)
SUBJECT: Heritage Bay Development, LLC (Collier - Immokalee Interchange)
(Miscellaneous Projects No. 99999 Parcel 141PUE)
Please request the Chairman to execute the attached notice letter extending the closing date in the
above matter, and then return the original to me as possible to that I can procure the execution by
Mr. Hovland of Heritage Bay Development, LLC.
Please phone me as soon as Chairman has signed, and I will arrange for the document to be
picked up.
Thank you,
~
~~_.
..~
Roben'Bosch
~
1688
COLLIER COUNTY TRANSPORTATION DIVISION
2885 Horseshoe Drive SOL/th . Naples, Florida 34104.239-252-8192 . F ^X 239-252-5885
TRANSPORTATION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
c Rigllt-of- Way Acquisition Design Engineering In-House Design . Construction Management
July 24, 2008
Heritage Bay Development, LLC
Attn,: Steven T. Hovland
c/o Hovland Real Estate
11983 Tamiami Trail N., Suite 100
Naples, FL 34110
RE: Heritage Bay Development, LLC (parcel 141PUE - Collierllmmokalee Interchange)
Miscellaneous Projects No. 99999
Dear Mr. Hovland,
In keeping with paragraph 4 of the Easement Agreement dated April 22, 2008, by and between
Heritage Bay Development, LLC, a Florida limited liability company, and Collier County, a political
subdivision of the State of Florida, a copy of which is enclosed, be advised that Collier County hereby
elects to exercise its unilateral right to extend the closing date. The closing shall now occur on or before
August 15,2008. All remaining tenns and conditions of the Agreement shall remain in full force and
effect.
Thank you for your assistance and cooperation in this matter.
Acknowledged by:
HERITAGE BAY DEVELOPMENT, LLC,
Deputy C(, '
~. " . t.'~ ~.~. {~';
Attest IS t8~(h& fr.,... ';~\1;;' .
Ittutwt 01):; ,~J~~
BY:
STEVEN T. HOVLAND
Managing Member
Ap
leg
,~:
......
<' " 01 I
-----
168
8
EASEMENT AGREEMENT
THIS EASEMENT AGREEM~t;4T (hereinafter referred to as the "Agreement") is
made and entered into on this ~. day of ^ r r, \ , 20QL, by and between
HERITAGE BAY DEVELOPMENT, LLC, a Florida limited liability company, whose mailing
address is 11983 Tamiami Trail North, Suite No. 1 DO, Naples, Florida 34110, (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a Perpetual, Non-exclusive Easement for Pathways
and Public Utilities over, under, upon and across the lands described in Exhibit "An, which
is attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to Purchaser for the sum of:
$55,000.00
subject to the apportionment and distributiof) of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
Easement conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and shall be in full and final settlement of any damages
resulting to Owner's remaining lands, costs to cure, including but not limited to the
cost to relocate the existing irrigation system and other improvements, and the cost
to cut and cap irrigation lines extending into the Easement, and to remove aU
. sprinkler valves and related electrical wiring, and all other damages in connection
with conveyance of said Easement to Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement upon
their recording in the public records of Collier County, Florida. Owner shall cause to
be delivered to Purchaser the items specified herein and the following documents
and instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents") on or before the date ot Closing:
(a) Perpetual, Non-exclusive Pathway and Public Utility Easement;
(b) Subordination, Consent and Joinder (Regions Bank);
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
1688
Page 2
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. 80th Owner and Purchaser agree that time is of the essence of this Agreement and
that, therefore, Closing shall occur within ninety (90) days from the date of execution
of this Agreement by the Purchaser; provided, however, that Purchaser shall have
the unilateral right to extend the term of this Agreement pending receipt of such
instruments, properly executed, which either remove or release any and all such
liens, encumbrances or qualifications affecting Purchaser's enjoyment of the
Easement. At Closing, payment shall be made to Owner in that amount shown on
the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing
Documents to Purchaser in a form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser, Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
Easement and its performance after relocation. Owner holds County harmless for
any and all possible damage to the irrigation system in the event owner fails to
relocate the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser, Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Easement prior
to construction of the project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and Purchaser agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to acquire
the Easement property or any portion thereof,
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever.
1688
Page 3
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement to change from its existing state on the effective date of this
Agreement up to and including the date of Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or omit
to perform any act which would adversely affect the physical condition of the
property underlying the Easement or its intended use by Purchaser.
(h) The property underlying the Easement, and all uses of the said Easement,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the Easement
contiguous to or in the vicinity of the Easement to be sold to the Purchaser,
that the Owner has not received notice and otherwise has no knowledge of:
a) any spill on the property underlying the Easement; b) any existing or
threatened environmental/ien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal
and attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
however, that any apportionment and distribution of the full compensation amount in
Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest or as consideration for
the execution of any release, subordination or satisfaction, shall be the responsibility
of the Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner per Paragraph 2. In accordance with the
provisions of Section 201.01, Florida Statutes, related to the exemptions against
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer, unless the
Easement is acquired under threat of condemnation.
10. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
1688
Page 4
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
11. If the Owner holds the property underlying the Easement in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, of the name and address of every person
having a beneficial interest in the property underlying the Easement before the
Easement held in such capacity is conveyed to Purchaser. (If the corporation is
registered with the Federal Securities Exchange Commission or registered pursuant
to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
12. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; and this written Agreement, including all exhibits
attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and Purchaser.
13. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
14. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
",'t
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;'~~~~~U;;'4 ~~f~~~: -
AS TO OWNER:
(;
HERITAGE BAY DEVELOPMENT, LLC,
a cabUiIY company
Steven T. Hovland,
Managing Member
~ A ril
(Witness (Sig
Terri M. Terry
Name (Print or Type)
~A~
Witness (Signature)
~rcb TDrirj
Name (Print or Type)
2008
'.." :I:.'!t:~! t.8 f(V'"" a lqtl Iilff1c1MCJ
~LV(/b~~
.11.' : .~t.l'lt eMit] At..,
Ell~ T. caaMll
1688
***THIS IS NOT A SURVEY***
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HERITAGE BAY COMMONS
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EXHIBIT A
Page-L of-L
PROPOSED RIGHT_O~ 58.)'48'20"[
r WAY liNE 318.0g'
N89'58'Z.3"W 307.97'
S LINE OF TRACT 0 N LINE OF 100 WIDE COCOHATCHEE
BEARING BASIS CANAL RIGHT -OF -WAY
POB
SW CORNER OF
TRACT 0
CURVE TABLE
DELTA
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CHORD BRG,
N13'35'12"W
E
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PB PLAT BOOK
PG(S) PAGE(S)
L 1 SEE LINE TABLE
C1 SEE CURVE TABLE
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JO 60
GRAPHIC SCALE'
1".60'
LEGAL DESCRIPTION
A TRAcr OR PARCEL 0. LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF' COLLIER, LYING IN SECTION Z3,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, SEING PART OF TRACT D, HERITAGE BAY COMMONS. AS RECOR)[O IN
PLAT SOOK 43, PAGES 46 THROUGH 54, OF' THE PUBLIC RECORDS OF COLliER COUNiY, FLORIDA AND BEING
MORE PARTICULARLY DESCRISED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT D;
THENCE NORTHERLY .35.22 fEET ALONG THE WEST LINE OF SAID TRACT D AND THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 182.00 FEET THROUGH A CENTRAL ANGLE OF 11'05'1Z" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.13'35"2"W, FOR .35.16 FEET;
THENCE S.83'48'2D"E.. FOR 318.09 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT D;
THENCE N.89'5B'23"W. ALONG SAiD SOUTH LINE, FOR 307.97 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,2B2 SQUARE FEET OR 0,12 ACRES, MORE OR LESS.
PARCEL SUBJECr TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY, (RECOROED AND
UNRECORDED, WRITTEN AND UNWRITTEN),
BEARINGS BASED ON THE SOUTH LINE OF TRACT 0, HERITAGE BAY COMMONS, AS RECORDED IN PLAT BOOK 43.
PAGES 46 THROUGH 54 OF THE PUBliC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH. RANGE 26 EAST, AS HAVING A SEARING OF N.89'S8'23"W,
~~?_____ ____~___4j~ B_
RICHARD V. NESTLER DATE
PROFESSIONAL SURVEYOR AND MAPPER
FlORIDA CERTIFICATE No, LS ~786
NOT VALID UNLESS EMBOSSED WITH PROFESSIONAL'S SEAL
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TRANSPORTATION DIVISION
1688
ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
TO:
FROM:
SUBJECT:
INTEROFFICE MEMORANDUM
Teresa Polaski, Deputy Clerk
Board Minutes and Records
DATE: August 7,2008
.. ;./
Robert Bosch, ROW Coordinator - TECM (Tel. 252-5843) '- C'-o>
Heritage Bay Development, LLC (Collier - Immokalee Interchange)
(Miscellaneous Projects No. 99999 Parce1141PUE)
Attached for your records is the original Notice of Extension of Closing Date letter, fully
executed in counterparts.
Thank you.
~
1688
COLLIER COUNTY TRANSPORTATION DIVISION
2885 llorscshoe Drive South. Naples. Florida 34 104.2.19-252-8192. F^X 2.19-252-5885
TRANSPORTATION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
'Right-of-Way Acquisition Design Engineering 'In-House Design <Construction Management
July 24, 2008
Heritage Bay Development, LLC
Attn.: Steven T. Hovland
c/o Hovland Real Estate
11983 Tamiami Trail N., Suite 100
Naples, FL 34110
RE: Heritage Bay Development, LLC (parcel 141PUE - CollierlImmokalee Interchange)
Miscellaneous Projects No. 99999
Dear Mr. Hovland,
In keeping with paragraph 4 of the Easement Agreement dated April 22, 2008, by and between
Heritage Bay Development, LLC, a Florida limited liability company, and Collier County, a political
subdivision of the State of Florida, a copy of which is enclosed, be advised that Collier County hereby
elects to exercise its unilateral right to extend the closing date. The closing shall now occur on or before
August 15,2008. All remaining terms and conditions of the Agreement shall remain in full force and
effect.
Thank you for your assistance and cooperation in this matter.
BOARD OF COUNTY COMMISSIONERS
COLLIER ~_~tTy,.F DA.
BY: Ic/!>rl_---
TOM HENNING, Chairman
~
f "\
Acknowledged by:
HERITAGE BAY DEVELOPMENT, LLC,
Attut u te..Ch& t~.: 'ft.
.t~ Glh ~ "j;j,,';'
BY:
STEVEN T. HOVLAND
Managing Member
( .
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~
~
1688
COLLIER COUNTY TRANSPORTATION DIVISION
r {
2885 Horseshoe Drive South. Naples. Florida 34104 . 239-252-8192 . FAX 239-252-5885
TRANSPORTATION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
"Riglzt-of-Way Acquisition Design Engineering "In-House Design ~Construction Management
July 24, 2008
Heritage Bay Development, LLC
Attn.: Steven T. Hovland
c/o Hovland Real Estate
11983 Tamiami Trail N., Suite 100
Naples, FL 34110
RE: Heritage Bay Development, LLC (parcel 141PUE - CollierlImmokalee Interchange)
Miscellaneous Projects No. 99999
Dear Mr. Hovland,
In keeping with paragraph 4 of the Easement Agreement dated April 22, 2008, by and between
Heritage Bay Development, LLC, a Florida limited liability company, and Collier County, a political
subdivision of the State of Florida, a copy of which is enclosed, be advised that Collier County hereby
elects to exercise its unilateral right to extend the closing date. The closing shall now occur on or before
August 15,2008. All remaining terms and conditions of the Agreement shall remain in full force and
effect.
Thank you for your assistance and cooperation in this matter.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TOM HENNING, Chairman
ACknOW~ge :
HERIT GE BA DEVELOPMENT, LLC,
BY:
STEVEN T. HOVLAND
Managing Member
Ap
leg s
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1688
EASEMENT AGREEMENT
THIS EASEMENT AGREEM~f\JT (hereinafter referred to as the "Agreement") is
made and entered into on this ~-day of A r"\ ,20QL, by and between
HERITAGE BAY DEVELOPMENT, LLC, a Florida limited liability company, whose mailing
address is 11983 Tamiami Trail North, Suite No.1 00, Naples, Florida 34110, (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a Perpetual, Non-exclusive Easement for Pathways
and Public Utilities over, under, upon and across the lands described in Exhibit "A", which
is attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to Purchaser for the sum of:
$55,000.00
subject to the apportionment and distributiol'] of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
Easement conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and shall be in full and final settlement of any damages
resulting to Owner's remaining lands, costs to cure, including but not limited to the
cost to relocate the existing irrigation system and other improvements, and the cost
to cut and cap irrigation lines extending into the Easement, and to remove aU
sprinkler valves and related electrical wiring, and all other damages in connection
with conveyance of said Easement to Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement upon
their recording in the public records of Collier County, Florida. Owner shall cause to
be delivered to Purchaser the items specified herein and the following documents
and instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents") on or before the date of Closing:
(a) Perpetual, Non-exclusive Pathway and Public Utility Easement;
(b) Subordination, Consent and Joinder (Regions Bank);
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
Page 2
1688
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company,
4. Both Owner and Purchaser agree that time is of the essence of this Agreement and
that, therefore, Closing shall occur within ninety (90) days from the date of execution
of this Agreement by the Purchaser; provided, however, that Purchaser shall have
the unilateral right to extend the term of this Agreement pending receipt of such
instruments, properly executed, which either remove or release any and all such
liens, encumbrances or qualifications affecting Purchaser's enjoyment of the
Easement. At Closing, payment shall be made to Owner in that amount shown on
the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing
Documents to Purchaser in a form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
Easement and its performance after relocation, Owner holds County harmless for
any and all possible damage to the irrigation system in the event owner fails to
relocate the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Easement prior
to construction of the project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and Purchaser agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to acquire
the Easement property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever,
lOB8
Page 3
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement to change from its existing state on the effective date of this
Agreement up to and including the date of Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or omit
to perform any act which would adversely affect the physical condition of the
property underlying the Easement or its intended use by Purchaser.
(h) The property underlying the Easement, and all uses of the said Easement,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the Easement
contiguous to or in the vicinity of the Easement to be sold to the Purchaser,
that the Owner has not received notice and otherwise has no knowledge of:
a) any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal
and attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
however, that any apportionment and distribution of the full compensation amount in
Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest or as consideration for
the execution of any release, subordination or satisfaction, shall be the responsibility
of the Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner per Paragraph 2. In accordance with the
provisions of Section 201.01, Florida Statutes, related to the exemptions against
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer, unless the
Easement is acquired under threat of condemnation.
10. This Agreement and the terms and provisions hereof shall be eHective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
Page 4
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
11. If the Owner holds the property underlying the Easement in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, of the name and address of every person
having a beneficial interest in the property underlying the Easement before the
Easement held in such capacity is conveyed to Purchaser. (If the corporation is
registered with the Federal Securities Exchange Commission or registered pursuant
to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
12. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; and this written Agreement, including all exhibits
attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and Purchaser.
13. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
14. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parlies hereto have executed this Agreement on the
date first above written.
AS TO OWNER:
HERITAGE BAY DEVELOPMENT, LLC,
a G~abmty company
Steven T. Hovland,
Managing Member
~ A ril
(Witness (Sig
Terri M. Terry
Name (Print or Type)
~h~
Witness (Signature)
AY1Io.rcb T\or; I}
Name (Print or Type)
2008
(;
::aZ1J( ):!:c~
.Ip :~ t."t C...tJ Attor.,
Ell~ T. CNMll
16 88
lOBs
***THIS IS NOT A SURVEY***
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HERITAGE BAY COMMONS
PEl 43, pes 46-54
EXHIBIT A
Page-L of-L
RIGHT -OF-'''AY . SB,3'4B'20"E 31 B 09'
" LINE .
NB9'5B'23"W .307.97'
S LINE OF TRACT 0 N LINE OF 100 WIDE COCOHATCHEE
BEARING BASIS CANAL RIGHT-OF-WAY
POB
SW CORNER OF
TRACT 0
CURVE TABLE
DELTA
"'05'12"
CHORD BRG.
N13'35'12"W
.l.E.ruID.
POB POINT OF BEGINNING
PB PLAT BOOK
PG(S) PAGE(S)
Ll SEE LINE TABLE
C1 SEE CURVE TABLE
W E
f
30 60
GRAPHIC SCALE
1.... 60.
LEGAL DESCRIPTION
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST. BEING PART OF TRACT 0, HERITAGE BAY COMMONS, AS RECORJED IN
PLAT BOOK 4.3, PAGES 46 THROUGH 54, OF THE PUBLIC RECORDS OF COLLIER COUN'TY, FLORIDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 0;
THENCE NORTHERLY .35.22 FEET ALONG THE WEST LINE OF SAID TRACT D AND THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 182.00 FEET THROUGH A CENTRAL ANGLE OF 11'05"2" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.1.3'35'12"W, FOR .35.16 FEET;
THENCE S.83'48'20"[" FOR 318.09 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 0;
THENCE N.89'58'2.3'W, ALONG SAID SOUTH LINE, FOR 307.97 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,2B2 SQUARE FEET OR 0.12 ACRES, MORE OR LESS,
PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY, (RECORDED AND
UNRECORDED, WRITTEN AND UNWRITTEN).
BEARINGS BASED ON THE SOUTH LINE OF TRACT D, HERITAGE BAY COMMONS, AS RECORDED IN PLAT BOOK 43,
PAGES 46 THROUGH 54 OF lrlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS HAViNG A BEARING OF N.89'58'23"W,
~'___4j~B_
RICHARD V. NESTLER DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTiFiCATE No. LS 4786
~iOT VALID UNLESS EMBOSSED WITH PROFESSIONAL'S SEAL
REVISE.D TO CORRECT SECTiON/PLA7 INF'ORhlATION "I--J-08 pm
D'XT^lNC.~oo
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TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pmk paper. Attach to original documcnt Original documents should be hand delivcred 10 the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Otlice only after the Board has taken action on the item)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion ofthe Chairman's si nature, draw a line throu h routin lines # I throu h #4, com Jete the checklist, and f()rward to Sue Filson (line #5).
(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 tbe evcnt one of the addressees above, including Sue Filson, need to contact staff tor additional or missing
information. All original documents needing tbe BCC Chairman's signature are to be delivered to the BCC oflice only after the BCC has acted to approve the
item.)
Name of Primary Staff Robert Bosch, ROW Coordinator, TECM
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Route to Addressee(s)
(List in routin order)
Office
Initials
Date
1.
2.
3. -='"
--:1 \J
~ ?6 kt
4.
1 e_\ V
V'''-11\,'..,.... '/ A
/1
fll.rf;:\./
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" ~... ..;.-.
252-5843
((; . ~
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5. Sue Filson, Executive Manager
Board of County Commissioners
C"N.fE
Yes
(Initial)
N/A (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
(f
/'
'[0
/'I/f1
(~
)2
I Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03004. Revised 12605, Revised 2.24.05
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
A
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC 000.0 o?, (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.
1688 .\~
Colt! County
~ ~ -- -
TRANSPORTATION DIVISION
ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Board Minutes and Records DATE: September 24, 2008
FROM: Robert Bosch, ROW Coordinator - TECM (Tel. 252-5843) ~
SUBJECT: Subordination Agreement: Parcel 141PUE (Miscellaneous Projects No. 99999)
Please arrange for the Chairman of the BCC to execute the attached Condemnation
Subordination Agreement and return one regular copy for my attention to the Transportation
ROW Department at 2885 S. Horseshoe Dr., Naples, FL 34104. Please do record this document
in the Public Records of Collier County.
Project No:
Fund / Cost Center:
Object Code:
690811
313-163673
649030
Thank you.
\~
V
4216883 OR: 4397 PG: 1763
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
09/30/2008 at 02:15PM DWIGHT B. BROCK, CLERK
RBC FBB 35.50
INDBXING 2.00
Project: Collier-Immokalee Interchange
(Miscellaneous Projects No. 99999)
PARCEL: 141 PUE
FOLIO: Portion of 49660081080
Retn:
CLERK TO THE BOARD
INTBROFFICB 4TH FLOOR
BXT 8406
1688
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this ~ day of ~ '
2008, by and between COLLIER COUNTY, a political subdivision of e State of
Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, (hereinafter referred to as "County"), and EMBARQ FLORIDA,
INC. fka SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED
TELEPHONE COMPANY OF FLORIDA, a Florida corporation, whose mailing address
600 New Century Pkwy., Mail Stop KSNCAA0133-RETA 600, New Century, Kansas
66031 (hereinafter referred to as "Utility").
WITNESSETH:
WHEREAS, the Utility has an interest in that certain tract or parcel of land lying
and being in Collier County, Florida, more particularly described and set forth in Exhibit
"A" attached hereto and made a part hereof (hereinafter referred to as the "Property");
and
WHEREAS, the County has determined that this Property is necessary for
pathway, public utility and maintenance purposes; and
WHEREAS, the County's proposed use of the Property for pathway, public utility
and maintenance purposes requires the subordination of the interest in the Property by
the Utility to the County; and
WHEREAS, the Utility is desirous of consenting to the subordination and the
relocation of its facilities within the Property, if necessary; and
WHEREAS the County is willing to pay to have the Utility's facilities relocated if
necessary to pr~vent conflict between the facilities so that the benefits of each may be
retained;
NOW, THEREFORE, in consideration of the mutual covenants and promises of
the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility
and County hereby agree as follows:
1. The Utility hereby subordinates any and all of its interest in the Property
(SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF)
to the interest of the County, its successors and assigns, for the purpose of installing,
constructing, maintaining and repairing pathways and public utilities over, under,
through, upon, and/or across said Property, including, but not limited to the claim of
interest based upon the following:
EMBARQ Real Estate
ARN PRN .:;). J' t'o j
OR: 4397 PG: 1764
1688
NATURE OF DATE FROM OR AGAINST
ENCUMBRANCE
Plat Book 6/8/2005 Bayvest, LLC
Dedication
Declaration 6/20/2006 Bayvest, LLC &
Centex Homes
Declaration 2/7/2006 Bayvest, LLC
IN FAVOR OF
RECORDED
BOOK-PAGE
Public Utilities
Plat Book 43,
Pages 46-54
O.R. Book 3968,
Pages 4031 et seq.
Utility Companies
Utilities
O.R. Book 3978,
Pages 2824 et seq.
2. The Utility shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and/or relocate its facilities within and upon the Property in
accordance with the County's minimum standards for such facilities. Any construction
or relocation of facilities within the Property will be subject to prior approval by the
County. If the County requires the Utility to alter, adjust, or relocate its facilities from or
within the Property, the County hereby agrees to pay the reasonable cost of such
alteration, adjustment, or relocation, including, but not limited to the cost of acquiring
appropriate easements.
3. The Utility shall have a reasonable right to enter upon the Property for the
purposes outlined in paragraph 2 above, including the right to trim such trees, brush,
and growth which may endanger or interfere with such facilities, provided that such
rights do not interfere with the operation and safety of the County's facilities.
4. The Utility shall repair any damage to the County's facilities resulting from the
exercise of its rights as outlined in paragraphs 2 and 3 above.
5. These terms and conditions shall be attached as an addendum to that permit,
if any, required by the County for location of the Utility's facilities within the Property.
6. This Agreement shall be assignable only to the State of Florida for the use
and benefit of the County in connection with the Utility's installation and maintenance
described above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.
ATTEST:
DWIGHT S.i3ROG!K, Clerk
0\ .... /'
(.0'
EMBARQ FLORIDA, INC. fka Sprint-Florida,
Incorporated, successor by merger to
United Telephone Company of Florida
By:
~ 4~"VVi~~rP'S'd~nt
A.'S.,>~ :;.~",,,\ ~C:f Q-\c.-r,
SUBORDINATION OF UTILITY INTERESTS
2
OR: 4397 PG: 1765
1688
STATE OF
FCa ;t { {} It'
COUNTY OF 0 ,(l/-iJc (/
The foregoing Subordination of Utility Interests was acknowledged before me this
'l.o day of /h) C c.J .i.,-- ,2008, by tv ,1- yjvl if 1?1 If T If I I~ rI (Name),
as f)-.SS I Sf Jr~r S- cI C It. (-f ~j(.,Y r (Title), of Embarq Florida, Inc. fka
Sprint-Florida Incorporated successor by merger to United Telephone Company of
Florida, who is personally known to me or who has produced
,,0/+ as identification.
,
(affix notarial seal)
xit:__~0 ~
./ 1'4- .
-
(Signature of Notary Public)
5'r6-'l'H-trJ ~ III/I' 1JL'1-/dC~
l .~, STEPHEN S. HARMA TUCK:
~~ MY COMMISSION # DDS8SS60 '
I. ~.4 EXPIRES: Noo:ariJa' 17. 2010 .
~ 'co,.sl" FI NoIotY I)isc,oonl Allot. Co ~
. 1_}.NI)TAIlY .
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
Approved as to form
and legal sufficiency:
-
. Wright, Assistant County Attorney
SUBORDINATION OF UTILITY INTERESTS
3
__II). ! 4( fr4-<.E
LEGAL DESCRIPTION - ?~~PJ::TL{AL-' MON ~e;( CLU.S:r.V r::. f4Tf-fLv4.Y At'\J;tJ
FJ u. 'lLz:. C. : L-t r:r: L- r:. (v f3-.4$ r;;. NF-=N r
A TRACT OF~ PAf~CEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING PART OF TRACT D, HERITAGE BAY COMMONS, p.,S RECORDED IN
PLAT BOOK 43, PAGES 46 THROUGH 54, OF THE PUBLIC RECORDS OF COLLIER COUNTY, ~-LORlDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT D;
THENCE NOF\THERLY 35.22 FEET ALONG THE WEST LINE OF SAID TRACT D AND THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 182.00 FEET THROUGH A CENTRAL ANGLE OF 11'05'12" AND BEING
SUBTENDCD BY A CHORD WHICH BEARS N.13"35'12"W. FOR 35.16 FEET;
THENCE 5.83"48'20"E., FOR 318.09 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT D;
THENCE N.89'58'23"W. ALONG SAID SOUTH LINE, FOR 307.97 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,282 SQUARE FEET OR 0.12 ACRES, MORE OR LESS.
PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY, (RECORDED AND
UNRECORDeD, WRIITEN AND UNWRIlTEN).
BEARINGS I:3ASED ON THE SOUTH LINE OF TRACT D, HERITAGE BAY COMMONS, AS RECORDED IN PLAT BOOK 43,
PAGES 46 THROUGH 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS HAVING A BEARING OF N.89'58'23"W.
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***THIS IS NOT A ~URVEY'***
rw
I
LINE OF TF~ACT 0
TRACT D
HERITAGE BAY COMMONS
PB 43, PGS 46-54
EXHIBIT A
Pa~ ( of ==J.='
PROPOSED
RIGHT-OF S8.3'48'20"F 318,09'
-WAY LINE
NB9'58'23"W 307.9'/'
S LINE OF TRACT D
BEARING BASIS
N LINE OF 100' WIDE COCOHATCHEE
CANAL RIGHT -Qr--WAY
CURVE TABLE
DELTA
11"05'12"
CHORD BRG,
N13'35'12"W
LEGEND
POB POINT OF BEGINNING
PB PLAT BOOK
PG(S) PAGE(S)
L 1 SEE LINE TABLE
C1 SEE CURVE TABLE
W~E
I
f
o 30 60
r I 1
GRAPHIC SCALE
1"= 60"
~~--------------------~~~~-
RICHAI~D V. NESTLER DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE No. LS 4786
NOT VALID UNLESS EMBOSSED WITH PROFESSIONAL'S SEAL
D'11 ^ INC.~~on
CONSULTING Civil~
&. ...., , .L .... Surveying & Mapping
1542 Carnon Slreel
Fort Myers, Rorlda 33901
(239) 278-5224 FAX: (239) 278-5419
www.consult-rwa.com
Florida Certificate of Aulhorization 116952
"
DA~/29/08 CLIENT:
SCALE:
1" = 60'
DRAWN BY: TITLE:
~
REVISED TO CORRECT SECTION/PLAT INFORMATION 4-3-08 ["TN
CH2M HILL
SKETCH & DESCRIPTION
CHECKED BY:
RVN
SEC: lWP: RGE: PROJECT 060177 02 00
23 48S 26E NUMBER: "
SHEET
NUMBER:
FILE
NUMBER:
OF 1
0004-5K2
9
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLII6 B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1. "
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Bo;m! (lfficc. The completed routing slip and original
documents are to be forwarded to the 80ard Oi'fiee only art"" the Hoard has taken action on the ilem)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co Jete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
3.
4. Colleen M. Greene
Assistant COUll Attome
5. Sue Filson, Executive Mana er
6, Minutes and Records
County Attorney Office
Board of Count Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
4/23/2008
(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 Brenda Brilhart Phone Number 252-8446
Contact
Agenda Date Item was April 8, 2008 Agenda Item Number 16.B.9
Approved by the BCC
Type of Document Contract #08-5054 Golden Gate Boulevard Phase I (951 to Number of Original Two (2)
Attached 29th Street SW), Phase 2 (29th Street SW) and 13th Street SW Documents Attached
Chicane Medians
INSTRUCTIONS & CHECKLIST
1.
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on AprilS. 2008 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
CMG
2.
3.
4.
5.
6.
CMG
CMG
CMG
CMG
CMG
I: Formsl County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24,05
16B 91
MEMORANDUM
Date:
April 28, 2008
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5054: "Golden Gate Boulevard Phase 1
(951 to 29th Street SW, Phase 2, 29th Street SW, and
13th Street SW Chicane Medians)"
Contractor: Renfroe & Jackson, Inc.
Attached please find the original contract document, as referenced
above, (Agenda Item #16B9) approved by the Board of County
Commissioners on Tuesday, March 22, 2008.
The Minutes & Records Department has also retained an original copy
which will be kept as part of the Board's permanent record.
If you should have any questions, please contact me at 252-7240.
Thank you.
168
9r;;'1
'o~
AGREEMENT
For Bid # 08-5054
Golden Gate Boulevard Phase 1 (951 to 29th Street SW), Phase 2
(29th Street to 13th Street SW) and 13th Street SW (Chicane Medians)
THIS AGREEMENT is made and entered into this 8th day of April 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 Renfroe & Jackson, Inc., authorized to do
business in the State of Florida, whose business address is 2550 Garland Road, Naples Florida
34117 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on upon Notice
to Proceed and terminating in one (1) year, or until such time as all outstanding Purchase Orders
issued prior to the expiration of the Agreement period have been completed. This contract shall
have three one (1) year renewals, renewable annually. The County Manager, or his designee,
may, at his discretion, extend the Agreement under all of the terms and conditions contained in
this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee,
shall give the Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed one (1) firm to be pre-
qualified and awarded a Contract. Each awardee will enter into an Agreement to provide
complete services for "Golden Gate Boulevard Phase 1 (951 to 29th Street SW), Phase 2 (29th
Street to 13th Street SW) and 13th Street SW (Chicane Medians) on an as-needed basis as
may be required by the Owner in accordance with the terms and conditions of Bid #08-5054 and
the Contractor's bid, which is incorporated by reference and made an integral part of this
Agreement.
3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement
pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of
any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit
a copy of the appropriate pages from said price list with the invoice for the non-bid items.
Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager
or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the
"Florida Prompt Payment Act".
4. NOTICES: All notices 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:
Renfroe & Jackson, Inc.
2550 Garland Road
Naples, Florida 34117
(239) 455-5020
(239) 455-3151 Fax
Page -1-
16B 9'
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: 239-774-8371
Fax: 239-732-0844
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
Page -2-
1>6B
~,.~
9'
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.
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.
12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/ Consultant shall indemnify and hold harmless Collier County, its officers
and employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
Collier County.
Page -3-
16 B ~v9
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. 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.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal,
state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable
to the Project, including but not limited to those dealing with taxation, workers' compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
Page -4-
~\1
16B9
17. 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.
18.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.
19. 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.
20. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat,
clean, well groomed and courteous.
21. 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.
22. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
Page -5-
16 B <P'9 ~~",I
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.
23. 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 Purchase Order amendment 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.
24. 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.
25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Alternative Transportation Modes Department.
26. 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. 04-3536, 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.
27. 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.
Page -6-
168 9
28. 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.
29.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.
30. 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.
31. 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.
~2. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
33. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract
upon satisfactory negotiation of price by the Contract Manager and Contactor.
34. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
Page -7-
168 9.
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.
~+-Cllen~ r
Typed Signature
~eVle-~{ ~YI.~--'1~r,
Title r/ I
r:
Q. d D~
J~\P~ 'bo\J\~
Type/Print Witness Name
By:
, . , \.t: ~ .
c ,.~
BOARD OF COUNTY COMMISSIONERS
COLLlERcyN~~
By: :JfJl--'
Thomas Henning, Chairman
-.
"Jl "-
{h'-'"
Dated: I. -D-' "
Attest ~S"~fr..",
signature onl,,,
Approved as to form and
legal sufficiency:
~11lWM./11 ~
Robert Zaellal y C-ollterl M. &eert€-
Assistant County Attorney
Page -8-
168 9
ACORD,,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
4/3/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown of Florida Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
999 Vanderbilt Beach Road,#507 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples FL 34108-3507 ;
, INSURERS AFFORDING COVERAGE .~ NAIC #
.- o. ---~-.o.----___f
INSURED i...!t>JSURERABri.ds...~fie.lQ.J:JIlplo,ysrrs Ins. CO'i
Renfroe & Jackson Inc. i INSURERB:NatiQpal__1'.J'USk... Insurance Camp i
2550 Garland Road
Naples FL 34117 ,I.NSURERC FCCL.c_ommercial Insurance Com i
i INSURER D' -j
, -.--.-------.--...-
, INSURER E: I
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.
-----.
'~~: :.~~~ TVD" : POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS
B GENERAL LIABILITY !GLOO05582 5/19/2007 5/19/2008 ~CH OCCURRENCE $1 000 000
- i DAMA~E TO RENTED
X COMMERCIAL GENERAL LIABILITY i I PREMISES (Ea occurence) noo,ooo
n CLAIMS MADE E OCCUR I I._~_ED EXP (Anyone person) $ 10 000
i PERSONAL & ADV INJURY $1 000 000
j- GENERAL AGGREGATE $2 000 000
- I PRODUCTS - COMPIOP AGG
GEN'LAGGREGATE LIMIT APPLIES PER: $2 000 000
~ POLICY Ixl ~~f?T I LOC :
C ~TOMOBILE LiABILITY ICAOO057943 5/19/2007 5/19/2008 I
COMBINED SINGLE LIMIT !$1,000,000
eX- ANY AUTO (Ea accident)
ALL OWNED AUTOS BODIL Y INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODIL Y INJURY
- $
NON-OWNED AUTOS (Per aCCIdent)
--
- PROPERTY DAMAGE $
(Per aCCident)
! DRAGE LIABILITY AUTO ONLY - EAACCIDENT $ --
! I ANY AUTO I OTHER THAN EAACC $
, AUTO ONL Y: AGG $
,
C I EXCESSlUMBRELLA LIABILITY UMBOO030423 5/19/2007 5/19/2008 : EACH OCCURRENCE $2 000 000
----, D CLAIMS MADE I
---.J OCCUR : AGGREGATE $2 000 000
i : --.-.--- $
---.
I DEDUCTIBLE ! $
X1 RETENTION $10 000 $
A WORKERS COMPENSATION AND 083017308 4/1/2008 4/1/2009 X I T"X~~YtT,~-;, ! !O,J~-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500 000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? Yes EL DISEASE - EA EMPLOYEE $ 500 000
If yes, describe under EL DISEASE. POLICY LIMIT $ 500 000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
esidential landscaping and maintenance contractor. Also installs irrigation systems.
ertificate Holder is included as an Additional Insured per form # CG2033 (07-04) - Additional Insured.. Owners,
~essess or Contractors .. Automatic Status When Required in Construction Agreement With You.
Naiver of Subrogation in favor of the certificate holder with regards to general liabilily per Form CGL004 (12-06) When
equired in Construction Agreement With You.
*45 days notice of cancellation for General Liability, Auto and Umbrella Except Workers Compensation 30 Days. 10 days
otice of cancellation for non payment of premium applicable to all policies.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Collier County Board of Commissioners BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
County WILL ENDEAVOR TO MAIL *10 DAYS WRITTEN NOTICE TO THE
2800 N. Horseshoe Drive CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
Naples FL 34104 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~~..;;:... ~4-
ACORD 25 (2001/08)
@ACORDCORPORATION1988
16B 9'
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon,
ACORD 25 (2001/08)
INTERLINE
IL 009 (1205)
THrs ENDORSEMENT CHANGES THE POliCY. PLEASE READ IT CAREFULLY.
TOTAL ASBESTOS EXCLUSION ENDORSEMENT
This endorsement modifIeS insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESSOWNERS LIABILITY COVERAGE FORM
COMMERCIAL GENERAl LIABILITY COVERAGE FORM
GARAGE COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTlVE L1ABIUTY COVERAGE FORM
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM
PRODUCT WITHDRAWAL COVERAGE FORM
RAilROAD PROTECTNE LIABILITY COVERAGE FORM
TRUCKERS COVERAGE FORM
This Insurarn:e does not apply to:
A Any damages or remedies whatsoever, in whatever manner defined or undefined in this policy, sought under
any legal theory whatsoever, which would not have occurred in whole or in part but for the acltJal, alleged Or
threatened ingestion, inhalation, absorption of, discharge, dispersal, seepage, migration, release, escape or
exposure to, or presence of asbestos in any form emat1atlng from any source at any time.
B. Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or regulatory requirement that any insured or others test for,
monitor, abate, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or
assess the effects of asbestos; or
(2) Claim or suit by or on behalf of a governmental authority for damages because of testing for,
monitoring, abating, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any
way responding to, or assessing the effects of asbestos.
We shall not be obligated to investigate. defend, or indemnify any insured or any person or entity claiming
any right under the polley for the matters exauded In this endorsement. including any claims under any
indemnity agreement or other contract, whether or not such indemnity agreement or contract may be
considered an "insured contract" under the polley.
IL 009 (12 OS)
Includes copyrighted material of the Insurance Services Oftice, Inc.. with fts permission.
Copyright 2005 FCCllll8lJ1'ance Group.
Page 1 of 1
Sage Document: ISO-Fonns I CO 20 33-Additionallnsured-Owners, Lessees or Contract... Page 1 of2 I".
168 9.
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disabled them.
ISO I Commercial General Liability Forms I 07/01/04
COMMERCIAL GENERAL
LIABILITY
CG 20 33 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for
whom you are performing operations when you and such person or organization have agreed in writing in a
contract or agreement that such person or organization be added as an additional insured on your policy, Such
person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in part, by:
1, Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured
A person's or organization's status as an additional insured under this endorsement ends when your
operations for that additional insured are completed.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the
failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
b, Supervisory, inspection, architectural or engineering activities.
2. "Bodily injury" or "property damage" occurring after:
a. All work, including materials, parts or equipment furnished in connection with such work, on the project
(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at
the location of the covered operations has been completed; or
b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by
file://I:\Share\Everyone\Commercial Lines\Certificate & Additional Insureds\FCCI\Fonns\... 2/7/2006
Sage Document: ISO-Forms I CG 20 33-Additional Insured-Owners, Lessees or Contract... Page 2 of 2
168 9"
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
CG 20 33 07 04
@ 150 Properties, Inc., 2004
@ISO Properties, Inc.
@2006 SilverPlume Reference Systems, Inc. All Rights Reserved
file://I:\Share\Everyone\Commercial Lines\Certificate & Additional Insureds\FCCI\Forms\... 217/2006
COMMERCIAL GENERAL LIABILITY
CGL 004 (12 06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY ADVANTAGE ENDORSEMENT
This endorsement modifies insurance provkled under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
NOTE: The following are ad<litions, replacements and amendments to the Commercial General Uability
Coverage Form, and will apply unless exduded by separate endorsement(s) to the Commercial General Liability
Coverage Form.
The COMMERCIAL GENERAL LIABILITY COVERAGE FORM Is amended as 'olows:
SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as
followa:
1. Extended "Property Damage"
Exclusion 2.a., Expected or Intended Injury, is replaced with the follOWing:
a. "Bodily injury- or "property damage- expected or intended from the standpoint of the insured. This
exclusion does not apply to "bodily Injury" or .property damage" resulting from the use of reasonable
force to protect persons or property.
2. Non-owned Watercraft
Exclusion 2.g. (2) (a) is replaced with the following:
(a) Less than 51 feet long; and
3. Property Damage LIability - Borrowed Equipmenl
The following is added to Excrusion 2.j. (4):
Paragraph (4) of this exclusion does not apply to .property damage" to borrowed equipment wt1l1e at a
jobsite and not being used to perform operations. The most we will pay for "property damage- to any one
borrowed equipment item under this coverage is $25.000 per .occurrence". The insurance afforded under
this provision is excess over any other valid and coflectible property insurance (including deductible)
available to the insured, wtlether primary, excess, contingent or on any other basis.
SECTION 1- COVERAGES, Ihe following coverages are added:
COVERAGE D. VOLUNTARY PROPERTY DAMAGE
1. Insuring Agreement
We wYI pay, at your request, for "property damage" to property of others caused by you, or while in your
possession, arising out of your business operations. The amount we will pay for damages is described In
SECTION III LIMITS OF INSURANCE.
CGl 004 (12 00) Includes copyrighted material of the Jnsurance SeNfces OMce, Inc., with its pennlssion.
Copyright 2006 FCCllneurance Group.
Page 1 of 12
COMMERCIAL GENERAL LIABILITY
CGL 004 (12 (6)
c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those
premises;
d. "Property damage" caused by or arising out of the "products-<:ompleted operations hazard";
e. Motor vehides;
f. "Property damage" to "your product" arising out of it or any part of it; or
g. "Property damage" to "your work" arising out of it or any part of it.
3. Deductibl.
We win not pay for loss in anyone "occurrence" until the amount of loss exceeds $250. We will then pay
the amount of loss in excess of $250 up to the applicable limit of insurance.
4. Cost Factor
In the event of a covered loss. you shall, if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, exduding profit or overhead charges.
The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland
marine insurance (lnduding the deductible applicable to the property or inland marine coverage) available to
you whether prImary. excess, contingent or any other basis.
The insurance under COVERAGE E does not apply if a loss for an "occurrence" is paid under COVERAGE D.
COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE
1. Insuring Ag....ment
a. We will reimburse you for "product withdrawal expenses" incurred because of a "product withdrawal"
to which this insurance applies.
The amount of such reimbursement is limited as described In SECTION JII - LIMITS OF
INSURANCE. No other obligation or liability to pay sums or perform acts or services Is covered.
b. This insurance applies to a "product withdrawal" only if the .product withdrawal" is initiated in the
coverage territory" during the policy period because:
(1) You detennine that the "product withdrawal" is necessary; or
(2) Art authorized government entity has ordered you to conduct a "product withdrawal"
c. We will reimburse only those "product withdrawal expenses" which are Incurred and reported to us
within one year of the date the "product withdrawat" was initiated.
d. The initiation of a "product withdrawal" will be deemed to have been made only at the eartiest of the
following times:
(1) When you have announced, In any manner, to the general public. your vendors or to your
employees (other than those employees dncIIy involved in making the determination) your
decision to conduct a "product withdrawer This applJes regardless of whether the determination to
conduct a "product withdrawal" is made by you or is requested by a third party;
CGL 004 (12 06) Includes oopyrIghted material of the Insurance Services Office. Inc., with jts ~ssion.
Copyright 2006 FCCllnsurance Group.
Page 3 of 12
COMMERCIAL GENERAL LIABILITY
CGL 004 (12 06)
(1) You must see to it that we are notified as soon as practicable of any actual, suspected or
threatened "defect" in "your products", or any governmental investigation. that may result in a
"product withdrawal", To the extent possible, notice shoold Include:
(a) How. when and where the "defect" was discovered;
(b) The names and addresses of any injured persons and witnesses; and
(c) The natll'e, location and circumstances of any injury or damage arising out of use or
consumption of "your product",
(2) If a "product withdrawal" is initiated. you must:
(a) Immediately record the specifics of the "product withdrawat" and the date it was Initiated; and
(b) Notify us as soan as practicable.
You must see to it that we receive \NI'itten notice of the .product withdrawa'" as soon as
practicable.
(3) You and any other involved insured must:
(a) Immediately send us copies of pertinent correspondence received in connection wlth the
"product withdrawal";
(b) Authorize us to obtain reoords and other information; and
(e) Cooperate with us in our investigation of the "product withdrawal".
4. The following definitions are added to the Definitions Section:
a. "Defect" means a defect. deficiency or inadequacy that creates a dangerous conditJon.
b. "Product tampering" Is an act of intentional alteration of "your producr which may cause or has
caused "bodily injury" or physical injury to tangible property.
When "product tampering" is known. suspected or threatened, a "product withdrawal" will not be
umited to those batches of "your product" which are known or suspected to have been tampered with.
'"
e, "Product withdrawal" means the recall or withdrawal of ''your products", or products which contain
"your products.., from the market or from use. by any other person or organization, because of a
known or suspected "defect" in "your product", or a known or suspected "product tampering", which
has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property.
d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below
paid and directly related to a "product withdrawal":
(1) Costs of notification;
(2) Costs of stationery. envelopes, production of announoements and postage or facsimiles;
(3) Costs of overtime paid to your regular nonsalaried employees and costs incurred by your
employees, including costs of transportation and accommodations;
(4) Costs of computer time;
CGl 004 (12 06) !ncIudes copyrighted material of the Insurance SeMcas Oflica, Inc.. with Its permission.
Copyright 2006 FCCllnsurance Group,
Page 5 of 12
COMMERCIAL GE1f>lI~lllTY 9
CGL 004 (1206)
e. Any liability for damages:
(1) From the intentional dishonest, fraudulent. malicious or criminal acts of the Named Insured, or by
any partner. member of a limited liability company. or executive officer, or at the direction of any
of them; or
(2) 'Mlich is in fact expected or intended by the insured, even if the injury or damage Is of a different
degree or type than actually expected or intended.
f. Any liability arising out of manufacturer's warranties or guarantees, whether express or implied.
g. Any liability arising from .property damage" to property owned by, rented or leased to the insured.
h. Any liability before you have completed .your work: "Your work" will be deemed compfeted at the
earliest of the following times:
(1) When all of the work called for in your contract or work order has been completed;
(2) When all the work to be done at the job site has been completed jf your contract calls for worX at
more than one job sHe; or
(3) When that part of the work done at a Job site has been put to its intended use by any person or
organization other than another contractor or subcontractor working on the same project.
Work that may need service or maintenance, correction, repair or replacement, but which is otherwise
complete. will be treated as complete.
i. Any liability arising from "property damage- to products that are still in your physical possession.
j. Any liability arising out of the rendering of or failure to render any profeSSional services by you or on
your behalf, but onlY with respect to either or both of the follO'Ning operations:
(1) Providing engineering, architectural or surveying services to others; and
(2) Providing or hiring independent professionals to provide engineering, architectural or surveying
services in connection with oonstruc1ion work you perform.
Professional services include the preparing, approving or failing to prepare or approve, maps, shop
drawings. opinions, reports. surveys, field orders, change orders, or dr~gs and specifications.
Professional services also include supervisory or inspection activities performed as part of any related
architectural or engineering activities.
But. professional services do not include services vvithin construction means, methods. techniques,
sequences and procedures employed by you in connection with construction work you perform.
k. Any liability arising from your loss of profit or expected profit
I. "Property damage- to property other than "your product: "your workw or "impaired property."
m. Any liability arising from daims or "suifsD where the right of action against the insured has been
relinquiShed or waived.
n. Any liability for .property damage- to "your work- jf the damaged work or the work out of which the
damage arises was performed on your behalf by a subcontractor.
CGL 004 (12 06) Includes copyrighted material of the Insurance Services Office. Inc., witr'l its permission.
Copyright 2006 FCCllosurance Group.
Page 7 of 12
COMMERCIAL GENERAL LIABILITY
CGl 004 (12 06)
(ii) The "employee~ has another insurance that would also cover craims arising under this provision,
whether the other insurance is primary, excess, contingent or on any other basis.
2. Newly Formed or A<<;;qulred Organizations
Paragraph 4.a. is replaced with tl'1e following:
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the
organization or the end of the policy period, whichever is earlier;
SECTION IU - LIMITS OF INSURANCE is amended as follows:
1. Paragraph 2. Is replaced with the following:
2. The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C:
b. Damages under Coverage A. except damages because of "bodUy Injury" or .property damage"
included in the "products-completed operations hazard";
c. Damages under Coverage B;
d. Voluntary "property damage" payments under Coverage D; and
e. Care. Custody or Control damages under Coverage E.
2. Paragraph 5. Is replaced with the following;
5. Subject to 2. or 3. above, whichever applies, the Each Occurrence LImit is the most we will pay for the
sum of:
a. Damages under Coverage A;
b. Medical expenses under Coverage C;
c. Voluntary ..property damage~ payments under Coverage D; and
d. Care. ClIstody or Control damages under Coverage E
because of all "bodily j njury" and "property damage" arising out of anyone .occurrence".
3. Paragraph 6. Is replaced with the following:
6. Subject to 5. above, the higher of $300,000 or the Damage To Premises Rented To You limit shown in
the Declarations is the most we wil pay under Coverage A for dama~s because of .property damage" to
anyone premises, while rented to you, or in the case of damage by fire or explosiOn, while rented to you
or temporarily occupied by you with permiSSion of the owner, arising out of anyone fire or explosion.
4. Paragraph 7. is replaced with the following:
7. Subject to 5. above, the higher of $10.000 or the Medical Expense Umit shown in the Declarations is the
most we will pay under Coverage C for all med ical expenses because of "bodily injury" sustained by any
one person.
CGL 004 (1206) Indudes copyrighted material of the Insurance Services Ofl'lce,lnc., with its pennislllon.
Copyright 2006 FCCllnsurance Group.
Page 9 of 12
"'~
COMMERCIAL GENERAl LIABILITY
CGL 004 (1206)
(5) A person or organization having proper temporary custody of your property if you die;
(6) The legal representative of you if you die; or
(7) A person (other than an -employee") or an organization while acting as your real estate manager.
To the extent possible, notice should indude:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence" or offense.
2. The following Is added to Subparagraph 2. b. of Duties In The Event Of Occurrence, Offense, Claim, or
Suit:
The requirement in 2.b. applies only when the "occurrence- or offense is known to the following:
(1) An individual who is the sole owner;
(2) A partner or insurance manager. if you are a partnership or joint venture;
(3) An -executive officer" or insurance manager, if you are a corporation;
(4) A manager or insurance manager. if you are a limited liability company;
(5) Your officials, trustees, board members or insurance manager, if you are a not-far-profit organization;
(6). A person or organization having proper temporary custody of your property if you die;
(7) The legal representative of you if you die; or
(8) A person (other than an "employeEn or an organization while acting as your real estate manager.
3. Paragraph 6. Is replaced with the following:
6. Representations
By accepting this poticy, you agree:
a. 'The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us; and
c. We have issued this policy in reliance upon your representations.
Ally error or omission in the description of. or failure to completely describe or disclose any premises,
operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage
for those premises. operations or pro<lucts, provided such error or omission or failure to completely
describe or disclose premises, operations or products was not Intentional.
You must report such error or omission to us as soon as practicable after its discovery. However, this
provision does not affect our right to collect addItional premium charges or exercise our right of
cancellation or non renewal.
CGL 004 (12 06) Includes copyrighted material of the Insurance ServiceS Office, Inc., with its permission.
Copyright 2006 FCCllnsurance Group.
Page 11 of12
}4i.....q ~
COMMERCtAL GENERAL LIABILITY
eGl 025 (04 03)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSUREDS - PRIMARY/NON-CONTRIBUTORY COVERAGE
WHEN REQUIRED BY CONTRACT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL L1ABIUTY COVERAGE FORM
The following is added to SECTION IV - Commercial General Liability Conditions. Paragraph 4, entitled .Other
Insurance", subsection b. entitled "Excess Insurance., paragraph {1):
This insurance is excess over:
(e) Any other insurance naming an additional insured as an insured on a primary basis, excess, contingent or
on any other basis unless a written contract specifically requires that this insurance be primary and
noncontributing. The written contract must be currently in effect or become effective during the term of
this policy and must be executed prior to the "bodily ~njury". .property damage- or "personal and
advertising injury,.
CGL 025 (04 03)
Includes copyrighted material of Insurance Services Office. with its permission.
Page 10'1
COMMERCIAL GENERAl LlAB[L1TY
CGL 064 (11 06)
THIS ENDORSEMENT CHANGES THE POLlCY. PLEASE READ IT CAREFULLY.
EMPLOYMENT-RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.. exclusions of Section I - Coverage A - Bodily Injury
And Property Damage liability:
This insurance does not apply to:
"Bodily injury" to:
(1) A person arising out of any:
(a> Refusal to employ that person:
(b) Termination of that person's employment; or
(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation,
reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that
person; or
(2) The spouse, child. parent, brother or sister of that person as a consequence of "bodUy injury" 10 that pen;on
at wham any of the employment-related practices desat>ed in Paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity;
(2) To any obligation to share damages with or repay someone else who must pay damages because of the
Injury; and
(3) To any allegation that the insured negligently or intentionally failed to advise others of a former employee's
faults or characteristlcs, or was otherwise at fault In giving references regarding former employees.
B. The following exclusion is added to Paragraph 2., exclusions of Section 1- Coverage B - Personal And
Advertising Injury Liability:
This insurance does not apply to:
''Personal and advertising injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
CGL 064 (11 06)
Indudes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 2
Copyright 2005 FCCI Insurance Group.
J-Q.i.-q ; .~
IL 00 03 07 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALCULATION OF PREMIUM
This endorsement modifies insurance provided under the following:
BOlLER AND MACHINERY COVERAGE PART
CAPITAL ASSETS PROGRAM (OUTPUT POLlCY) COVERAGE PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAl LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT.RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POlLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
The following is added:
The premium shown In the Declarations was computed based on rates in effect at the time tne policy was issued.
On each renewal. continuation, or anniversary of the effective date of this policy, we will compute the premium in
accordance with our rates and rules then in effect.
IL 00 03 07 02
C ISO Properties, Inc.. 2001
Page 1 of 1
[]
IL 00171198
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation
1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or deliv-
ering to us advance written notice of cancella-
tion.
2. We may cancel this policy by mailing or deliver-
ing to the first Named Insured written notice of
cancellation at least:
a. 1 0 days before the effective date of cancel-
lation if we cancel for nonpayment of pre-
mium; or
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
S. If this policy is cancelled, we wi. send the first
Named Insured any premium refund due. If we
cancel. the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancenation will be ef-
fective even if we have not made or offered a
refund.
6. If notice is mailed, proof of mailing will be suffi-
cient proof of notice.
B. Changes
This policy contains all the agreements between
you and us concerning the Insurance afforded.
The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy's tenns can be
amended or waived only by endorsement issued
by us and made a part of this polley.
C. examination Of Your Books And Records
We may examine and alJdit your books and re-
cords as they relate to this policy at any time dur-
ing the policy period and up to three years after-
ward.
D. Inspections And Surveys
1. We have the right to:
a. Make inspections and surveys at any time;
b. Give you reports an the conditions we find;
and
c. Recommend changes.
2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to in-
surability and the premiums to be charged. We
do not make safety inspections. We do not un-
dertake to perform the duty of any person or
organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
3. Paragraphs 1. and 2. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes in-
surance inspections, surveys, reports or rec-
ommendations.
4. Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or recom-
mendations we may make relative to
certification, under state or municipal statutes,
ordinances or regulations, of boilers. pressure
vessels or elevators.
E. Premiums
The first Named InslJred shown in the Declara-
tions:
1. Is responsible for the payment of all premiums;
and
2. Will be the payee for any return premiums we
pay.
F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our wrilten consent except in
the case of death of an individual named insured.
If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the soope of duties as your legal representa-
tive. Until y~ur legal representative is appointed,
anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.
Il00171198
Copyright, Insurance Services Ofllce, Inc., 1998
Page 1 of 1
[]
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
IL 00 210702
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(Broad Form)
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POlLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
RAILROAD PROTECTIVE L1ABIUTY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
1. The insurance does not apply:
A. Under any liability Coverage. to "bodily injury"
or "property damage";
(1) With respect to which an -Insured" under
the policy is also an insured under a nl..ldear
energy liability policy issued by Nuclear En-
ergy liability Insurance Association, Mutual
Atomic Energy Liability Underwriters, Nu-
clear Insurance Association of Canada or
any of their successors, or would be an in-
sured under any such policy but for its ter-
mination upon exhaustion of its limit of liabil-
ity; or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to
which (a) any person or organization is r&-
quired to maintain financial protection pur-
suant to the Atomic Energy Act of 1954. or
any law amendatory thereof, or (b) the "in-
sured" is, or had this policy not been issued
would be. entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organi-
zatIOr).
IL 00 21 07 02
B. Under any Medical Payments coverage, to
expenses incu rred with respect to "bodily Injury"
resulting from the "hazardous properties" of
"nuclear materiaJ" and arising out of the opera-
tion of a "nuclear facility" by any person or or-
ganization.
C. Under any Liability Coverage, to "bodily injury"
or "property damage" resulting from "hazardous
properties" of "nuclear material", if:
(1) The "nudear material" (a) is at any "nudear
faciity" awned by, or operated by or on be-
half of, an "Insured" or (b) has been dIs-
charged or dispersed therefrom;
(2) The "nuclear material" is contained in "spent
fuel" or "waste" at any time possessed,
handed, used. processed, stored, trans-
ported or disposed of. by or on behalf of an
"insured"; or
(3) The "bodily injury" or "property damage"
arises out of the furnishing by an "insured"
of services. matenaJs. parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any "nu-
clear facility", but if such facility is located
within the United States of America, its terri-
tories or possessions or Canada, this exclu-
sion (3) applies omy to "property damage" to
such "nudear facility" and any property
thereat.
It) ISO Properties, Inc., 2001
o
Pllge10f2
INTERLINE
Il ooa (12 05)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TOTAL LEAD EXCLUSION ENDORSEMENT
This endorsement modifies insurance provided under the fallowing:
BUSINESS AUTO COVERAGE FORM
BUSINESSOWNERS LIABILITY COVERAGE FORM
COMMERCiAl GENERAL LIABILITY COVERAGE FORM
GARAGE COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM
PRODUCT WITHDRAWAl COVERAGE FORM
RAilROAD PROTECTIVE LIABILITY COVERAGE FORM
TRUCKERS COVERAGE FORM
This insurance does not apply to:
A. Any damages or remedies whatsoever, tn whatever manner deflned or undefined in this policy, sought under
any legal theory whatsoever, which would not have occurred in whole or in part but for the actual, aneged or
threatened ingestion, inhalation. absorption of. discharge, dispersal. seepage, migration, release. escape or
exposure to, or presence of lead or lead basad products in any form emanating from any source at any time.
B. Any loss. cost or expense arising out of any:
(1) Request, demand, order or statutory or regulatory requirement that any insured or others test for,
monitor, abate, dean up, remove. contain. treat, detoxify or neutralize, or in any wert respond to, or
assess the effects of lead or tead based products; or
(2) Clarm or suit by or on behalf of a governmental authority for damages because of testing for,
monitoring. abating, cleaning UP. removing, containing, treating, detoxifying or neutralizing, or in any
way responding to, or assessing the effects of lead or lead based products.
We shall nol be obligated to investigate, defend. or indemnifY any insured or any person or entity claiming
any right under the policy for the matters excluded in this endorsement, including any claims under any
indemnity agreement or other contract, whether or not such indemnity agreement or contract may be
considered an "insured contract" under the pOlicy.
IL 008 (12 05)
Includes oopyrlghted material of the Insurance Selvk;ea Office. Inc.. with Its permission.
Copyright 2005 FCCllnsuran<:e Group. .
Page 1 of 1
ITEM NO.:
08- me - ()o89tJ
., .". ',-it ;', ';. 'Ill '0
< '. J" ,_.,.,; :a\,1{ of f.t) D
JOUrr( y ,-\1 l\A\\'4I..
DATE RECEIVED.: .., . "l \ Al~ \ \: 0-;
2nll~ ~p i '-'
9
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: April 17, 2008
To:
Robert Zach3~
Assistant C~'fu~ty Attorney
c (tl &1'
From: Brenda Brilhali
Purchasing Agent
239-252-8446
Re: Contract # 08-5054 Golden Gate Boulevard
Phase 1 (951 to 29th Street SW), Phase 2 (29th
Street to 13th Street SW) and 13th Street SW
Chicane Medians)
Contractor: Renfroe & Jackson, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on April 8,2008; Agenda Item 16.B.9
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMME~TS::
Ple~eJ~rward tq,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.
MEMORANDUM
TO: Wayne Fiyalko
Risk Management Department
FROM: Brenda Brilhart
Purchasing Department
DATE: April 17, 2008
RE: Review of Insurance for Contract No. 08-5054 Golden Gate
Boulevard Phase 1 (951 to 29th Street SW), Phase 2 (29th
Street to 13th Street SW) and 13th Street SW (Chicane
Medians)
Contractor: Renfroe & Jackson, Inc.
168 9"
This Contract was approved by the BCC on April 8, 2008; Agenda
Item 16.B.9
Please review the Bonds and Insurance Certificate in this Agreement
for the above-referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446
... Jtr~~~ /'/'
lJ7 '- - 4pf /t?8
y
,,/
16810
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. Ongln:!1 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 aft('! the Board has takcn 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
exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Scott R. Teach, Managing Assistant County Attorney 5)t*'1 4/30/08
County Attorney
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, Managing Assistant County Attorney
County Attorney
PRIMARY CONTACT INFORMATION
(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
infonnation. All original documents needing the BCC Chairman's signature are to bc dellvered to the Ilce ofliee only after the Bec has acted to approve the
item)
Name of Primary Staff Jerry Kurtz, Principal Project Manager. Phone Number (239) 252-5860
Contact Trans/Stormwater Management
Agenda Date Item was April 22, 2008 Agenda Item Number 16B(10)
Approved bv the BCC
Type of Document Amendment to Agreement for Road Impact Fee Number of Original (3) Three
Attached Credits 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 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 signaturc pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have becn fully
executed by all parties except thc BeC Chairman and Clerk to the Board and possibly State
Officials.
All handwritten strike-through and revisions have been initialed by thc County Attorney's Office and
all other arties exce t the Bec Chairman and the Clerk to thc Board
The Chairman's signature line date has been entered as the date of BCC approval ofthe document or
the final ne otiated contract datc whichever is a Iicablc.
"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), thc original documcnt and this routing slip should be
provided to Sue Filson in the BeC office within 24 hours of BCe approval. Some documcnts are
time sensitive and require torwardl1lg to Tallahassee within a certain time frame or the BCC's actions
are nullified. Be awarc of your deadlines!
The document was approved by the Bee on April 22, 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 Scott Teach, De ut Coun Atty.
Yes
(Initial
SRT
N/ A (Not
A licable)
2.
3.
4.
5.
6.
7.
N/A
SRT
SRT
N/A
SRT
SRT
I: Forms/ County Forms! BCe Forms! Onglllall )ocUlm:nls Routing Slip WWS Onglllal 9.ll3 04, Revised 1 26.05, Rcvised 2.24.05
<<matter _ numbem/<<document numhen,
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."
16810
MEMORANDUM
Date:
May 2, 2008
To:
Scott Teach
Managing Assistant County Attorney
From:
Ann Jennejohn, Sf. Deputy Clerk
Minutes & Records Department
Re:
First and Second Amendment to a Developer
Contribution Agreement between Collier County
and Collier Development Corporation "CDC"
Enclosed please find one (1) original copy of the agreement as
referenced above (Agenda Item #16BI0), as approved by the Board of
County Commissioners on April 22, 2008.
I have sent an original copy to Jerry Kurtz in Stormwater Management
and the remaining original document will be recorded.
If you should have any questions, please contact me 252-8406.
Thank you.
Enclosure
16810
MEMORANDUM
Date:
May 2, 2008
To:
Jerry Kurtz, P.E.
Principal Project Manager
Transportation/S tormwater
From:
Ann Jennejohn, Sr. Deputy Clerk
Minutes & Records Department
Re:
First and Second Amendment to a Developer Contribution
Agreement between Collier County and Collier
Development Corporation "CDC"
Enclosed please find one (1) original copy of the agreement as referenced
above (Agenda Item #16B10), as approved by the Board of County
Commissioners on April 22, 2008.
I have sent an original copy to Scott Teach with the County Attorney's Office
and having the remaining original document recorded.
If you should have any questions, please call me at 252-8406.
Thank you.
Enclosure
Agenda Item #16B10 April 22, 2008 BCC Meeting
Page 1 of2
16810
Ann P. Jennejohn
From: TeachScott [ScottTeach@colliergov.net]
Sent: Wednesday, May 14, 2008 11 :50 AM
To: Ann P. Jennejohn; KurtzJerry
Subject: RE: Agenda Item #16B10 April 22, 2008 BCC Meeting
Anne,
My position is that it is just a "reference" to the previously executed and recorded documents.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-0225
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Sent: Wednesday, May 14, 2008 11:26 AM
To: KurtzJerry
Cc: TeachScott
Subject: Agenda Item #16B10 April 22, 2008 Bee Meeting
Hello,
I have received theB~corded Copy of the original document titled
"Amendment to the Agreement for Road Impact Fee Credits" (referenced above)
I have a quick question because I' m not sure if the document isn't missing something.
Are the DCA from 2002 and the Companion Agreement to that DCA from 2003
supposed to be attached to this document?
I'm asking because at the bottom of the first page it mentions II All of the above recitals are true and
correct and are
hereby expressly incorporated herein by reference as if set forth fully below"
Is this mentioned just for a "reference" or should it have gone to be recorded with this amendment?
I know the other DCA I S were recorded; I guess I was just a little confused and thought I
would check
5/15/2008
Agenda Item # 16B 10 April 22, 2008 BCC Meeting
Page 2 of2
16810
Thank you,
Ann
Senior Clerk to the Board
Minutes & Records Department
252-8406
(ann.jennejohn@coll ierclerk.com)
5/15/2008
16810
MEMORANDUM
Date:
May 14,2008
To:
Jerry Kurtz, P.E.
Principal Project Manager
TransportationJStormwater
From:
Ann Jennejohn, Sr. Deputy Clerk
Minutes & Records Department
Re:
Recorded copy of the First and Second Amendment to a
Developer Contribution Agreement between Collier County
and Collier Development Corporation "CDC"
Per your request is a recorded copy of the agreement referenced above
(Agenda Item #16BI0), as approved by the Board of County
Commissioners on April 22, 2008.
The original recorded document is being kept as part of the Board's permanent
record in the Minutes & Records Department
If you should have any questions, please call me at 252-8406.
Thank you.
Enclosure (1)
16B10
FIRST AMENDMENT TO OCTOBER 22, 2002 STANDARD FORM COLLIER COUNTY
CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS
AND
SECOND AMENDMENT TO OCTOBER 14,2003 COMPANION AGREEMENT
REGARDING THE LEL Y AREA SURFACE WATER DRAINAGE IMPROVEMENTS
THIS AMENDMENT is made and entered into this '2..:t-%ay of A-f ~L- , 2008, by and
between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer")
and CDC Land Investments, Inc., a Florida corporation, formerly known as Collier Development
Corporation, a Florida corporation (hereinafter referred to as "CDC"), which, along with their respective
successors and assigns, may be jointly referred to as "CDC/Developer," and the Board of County
Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred
to as "County").
RECITALS:
WHEREAS, the parties entered into that certain Standard Form Collier County Contribution
Agreement for Road Impact Fee Credits dated October 22, 2002 and recorded in Official Records Book
3138, Page 2357 of the Public Records of Collier County, Florida (hereinafter the "Contribution
Agreement"); and
WHEREAS, the parties entered into that certain Companion Agreement to the October 22, 2002
Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements
dated October 14, 2003 and recorded in Official Records Book 3424, Page 337 of the Public Records of
Collier County, Florida (hereinafter the "Companion Agreement"), as amended by that certain
Amendment to the October 14, 2003 Companion Agreement Regarding the Lely Area Surface Water
Drainage Improvements dated March 27, 2007 and recorded in Official Records Book 4218, Page 1451 of
the Public records of Collier County, Florida (hereinafter the "First Amendment to Companion
Agreement"); and
WHEREAS, paragraph 32 of the Contribution Agreement and paragraph 13 of the Companion
Agreement allow for amendment or modification upon the mutual written consent of the parties or their
successors in interest; and
WHEREAS, Developer and County have agreed to amend the Contribution Agreement and the
Companion Agreement, as amended, as provided herein.
WITNESSETH:
NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good and
valuable consideration previously exchanged between the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
I. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2. Paragraph 5E of the Companion Agreement is amended as follows:
"E. CDC/Developer shall dedicate and convey, at no cost to the County, all rights
and interests it has to a drainage easement for the existing Lely Canal that historically has
been maintained by Collier County. A graphic rendering of this area is shown as "Lely
Page 1 of8
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Canal (Existing Conditions)," attached hereto as part of Exhibit B, calculated therein at
21.2 acres. All references to acreage herein, including this reference, are estimates only,
with a final determination of actual acreage to be determined in a customary manner by
the County."
3. Paragraph 5F of the Companion Agreement is amended as follows:
"F. CDCIDeveloper shall dedicate and convey to County a drainage easement for an
additional 14.3 acres for the Lely Canal, representing the area of the widening of the
existing canal. A graphic rendering of this area is shown as "Lely Canal (Per 1985 Master
Plan)," attached hereto as part of Exhibit B. Collier County shall pay CDC/Developer the
appraised fair market value for the 14.3 acres drainage easement and the land valuation
shall be apprised as the value of Agricultural zoned land on the day before the County's
1986 rezoning to "PUD" of the CDC DRI/PUD land."
4. Paragraph 5G of the Companion Agreement is amended as follows:
"G. The current LASIP Project design for the Lely Canal substitutes a spreader lake
in place of a spreader water way. A graphic rendering of the spreader lake is shown on
"Lely Canal (Per LASIP Design)," attached hereto as part of Exhibit B. This spreader
lake is approximately 13.87 acres. Collier County shall pay CDC/Developer the
appraised fair market value of a drainage easement over these 13.87 acres, and the
appraised valuation shall be determined as of October 23, 2002 when the County and
CDC/Developer entered into the Contribution Agreement, with the valuation based on
pre-PUD Agricultural zoning. As an offset to this purchase price, the County will be
credited for 18.6 acres of CDCIDeveloper land (3.1 acres upland, 15.5 acres wetland) of
the 26-acre spreader waterway canal. A graphic rendering of this area is shown as "Lely
Canal (Per 1985 Master Plan)," attached hereto as part of Exhibit B. This credit will be
based upon an appraisal, and valuation shall be appraised as of the value of Agricultural
zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC
DRVPUD land, considering the spreader canal's land characteristics as either wetland or
upland."
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5. Paragraph 3 of the First Amendment is deleted in its entirety and replaced with the
following new paragraph 5(K):
6.
"K. Upon performance of the Companion Agreement as amended by the First
Amendment, and as otherwise provided herein, County agrees to reimburse
CDClDeveloper for the conveyances of (i) land in fee simple (specifically, the Lely
Manor Canal described in Paragraph 8 of the Companion Agreement) in accordance with
the summary report of the real property appraisal from Integra Realty Resources dated
February 5, 2004, attached hereto as Exhibit "2", and (ii) by drainage easement
(specifically, the Lely Canal described in Paragraph 5 of the Companion Agreement, as
amended, and the Avalon School Outfall Canal described in Paragraph 7 of the
Companion Agreement, as amended) in accordance with the summary report of the real
property appraisal from Integra Realty Resources dated July 26, 2007, attached hereto as
Exhibit "3". As to the County's share of the actual costs of the design, permitting and
construction, the County agrees to the proportionate share calculations rendered by RW A
Consulting, Inc. provided to the County on January 19, 2007, attached hereto as Exhibit
"F" to the First Amendment. The County further agrees with the current proposed project
Page 2 of8
16810
budget submitted by CDC dated January 19, 2007, attached hereto as Exhibit "G" to the
First Amendment."
7.
follows:
Paragraph 5 of the Companion Agreement is amended to add a new Paragraph 5(L), as
"L. The parties acknowledge and agree that CDC/Developer shall construct the Lely
Canal in accordance with a Modified Drainage Design, and that CDC/Developer shall
dedicate and convey by drainage easement lands for the Lely Canal to be constructed by
CDC/Developer. Accordingly, upon the completion of construction of the Lely Canal, by
CDC/Developer, the Drainage Easement recorded in the Official Records Book 157 at
Pages 269 through 270, inclusive. of the Public Records of Collier County, Florida
("Existing Easement") shall be terminated and replaced by the drainage easement as set
forth in Exhibit" 1" attached hereto and made a part hereof which reflects the meandered,
non-linear canal design (the "Replacement Easement"). The parties further acknowledge
and agree that the (i) Replacement Easement set forth in Exhibit" 1" attached hereto shall
depict 52.27 acres of easement area and Oi) County's LASIP design plan for the Lely
Canal contemplates 49.37 acres of easement area. The County agrees to pay and
Developer agrees to accept the valuation based on the 49.37 acres which represents the
original 3 segments of the County's LASIP design plan less the credit of 18.6 acres set
forth in Paragraph 5G of the Companion Agreement. The granting of the 52.27 acre
Replacement Easement satisfies all of the Lely Canal land conveyance requirements
described above in Paragraphs 5E, SF, and 5G."
8. Paragraph 7 of the Companion Agreement as amended by the First Amendment is deleted
in its entirety and replaced with the following new paragraph:
"7. Regarding the Avalon School Outfall Canal:
A. The Avalon School Outfall Canal is depicted on the attached plan marked Exhibit
"4".
B. CDC/Developer shall construct the Avalon School Outfall Canal as
approximately depicted in Exhibit "4", attached hereto and incorporated herein, upon the
commencement of construction of the Sabal Bay Development adjacent to Avalon School
Outfall Canal System. Within thirty (30) days following completion of construction of
the Avalon School Outfall Canal, CDC/Developer shall convey by drainage easement
land needed for the Avalon School Outfall Canal System drainage improvements, and the
parties hereto shall execute and record, a form of the drainage easement substantially
similar to Exhibit "1" attached hereto and incorporated herein. As to the Fern Street
Relief System, CDC/Developer agrees to maintain the current positive outfall already in
existence which adequately conveys stormwater flow from Fern Street.
C. The County shall reimburse CDC/Developer for the value of the dedication for
which the County is responsible for payment within three (3) years of the date the real
property or easement is accepted by the County and shall be valued based upon an
appraisal. and valuation shall be appraised as the value of Agricultural zoned land on the
day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land.
Notwithstanding the foregoing, the County, 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 for such proiects as available
for expenditure during such fiscal year. Accordingly, the Parties agree that the County's
performance and obligation to pay within the timeframe provided under this Agreement
is contingent upon an annual appropriation by the Board of County Commissioners of
Page 3 of8
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Collier County. In the event funds have not been appropriated to timely make payment
as provided herein. County shall. within ninety (90) days of learning of such non-
appropriation. give CDC/Developer written notice of the need to amend the agreement to
extend the time for payment. and the parties agree to extend the time for payment to no
later than the first 30 days of the immediately following fiscal year."
9. Paragraph 8C of the Companion Agreement is hereby modified by adding the following
additional provision:
"Exhibit "c" is hereby deleted in its entirety and substituted therefore Exhibits "5" (lake).
CDC/Developer has elected not to dedicate or convey less than a thirty-five (35) foot
strip and therefore any and all references to the CDC/Developer Portion are deleted in the
entirety."
10. Paragraph 8 of the Companion Agreement is amended by adding the following additional
Paragraph 8(E):
"E. CDC/Developer shall dedicate and convey at no cost to the County within 90
days from the effective date of this Second Amendment to Companion Agreement a
temporary non-exclusive construction easement 30 feet in width as shown in Exhibit "6"
for purposes of hauling fill material during County's construction of the Lely Manor
Canal and spreader lake. The temporary construction easement shall terminate and expire
on or before December 3 L 2011. All fill material removed from the Lely Manor Canal
spreader lake by the County shall be the property of CDC/Developer and shall be
delivered by the County to CDC/Developer at a stockpile area to be designated by
CDC/Developer. Within 180 days of expiration of the temporary construction easement.
County shall regrade and replant the area of the construction easement to match natural
topography and vegetation. In addition. CDC/Developer shall dedicate and convey at no
cost to the County a permanent non-exclusive maintenance road easement 30 feet in
width as shown in Exhibit "6" for the purpose of vehicular and pedestrian access for
maintenance of the Lely Manor Canal. CDC/Developer shall be responsible for SFWMD
and ACOE permitting for the permanent non-exclusive maintenance road easement. Said
maintenance road easement shall be unpaved and shall be maintained by the County. The
County shall be solely responsible for any loss or liability arising from the County's use
of the easement. The maintenance road easement may be relocated in the reasonable
discretion of CDC/Developer. and CDC/Developer shall retain the right to utilize the
maintenance road easement area for any purpose that does not unreasonably interfere
with the intended purpose of the easement. including but not limited to the right to install
fences and gates that restrict access to other than the County. In the event that the
permanent non-exclusive maintenance road easement is relocated by CDC/Developer.
CDC/Developer shall be responsible for clearing and stabilization of the new easement
area. CDC/Developer shall provide to County access through the interior roadway
network of the Development such that County can reach the temporary construction
easement and permanent maintenance road easement. Nothing herein shall create any
right or easement for the benefit of the general public."
11. Paragraph 12 of the Companion Agreement is hereby modified as follows:
"12. All conveyances set forth herein shall be in fee simple to the County by warranty
deed except as may be specifically provided herein. such as but not limited to the Lely
Canal and Avalon School Outfall Canal as described in Paragraphs 5 and 7. which shall
Page 4 of 8
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be by grant of easement. With respect to such conveyances and easements, the County
shall be responsible for paying the costs of any title work and searches, and
CDC/Developer shall be responsible at its costs for promptly removing or curing any
liens, encumbrances or deficiencies revealed in any title work."
12.
follows:
The fourth paragraph on Page 4 of the Contribution Agreement is hereby amended as
"WHEREAS, the County finds the plan of dedication in fee, or by easement as further
specified herein or in the Companion Agreement, as amended, for the Donated or
Conveyed Land described in Composite Exhibit "B" is in conformity with contemplated
improvements and additions to the transportation network as described in the Collier
County Long-Range Transportation Plan and to the storm water management plan of the
County; and"
13. Paragraph 20 on Page 1 0 of the Contribution Agreement is hereby amended as follows:
"20. The duration or availability of impact fee credits or cash payment pursuant to this
Contribution Agreement, shall not be for a period in excess of five (5) years from the date
the County acknowledges completion of the approved contribution or from the actual
date of dedication, but in no event shall the duration exceed seven (7) years, exclusive of
any controlling moratoria, from the date of recording in the official records.
Notwithstanding the foregoing, the parties agree that the outside deadline for the duration
or availability of impact fee credits, which was initially set at October 22, 2009, is hereby
extended for a period of five (5) years to October 22,2014."
14.
Paragraph 3 1 on Page 12 of the Contribution Agreement is hereby amended as follows:
"31. CDC/Developer will convey to the County, in fee, any land owned by
CDC/Developer required for drainage/retention improvements required for the
Realignment Project and the Lely Project based on County approved locations selected
by CDC/Developer and CDC/Developer shall convey such lands in fee to County on the
final plat of CDC/Developer's land containing the Projects unless the County requests
conveyance by warranty deed. Notwithstanding the foregoing, any conveyance of land
for the Lely Canal or for the Avalon School Outfall Canal shall be by grant of easement,
as more fully described in the Companion Agreement, as amended."
15. Except as modified herein, the remaining provisions in the Contribution Agreement,
Companion Agreement and First Amendment to Companion Agreement shall remain in full force and
effect.
16. If there is any conflict between this Amendment and the Contribution Agreement, the
Companion Agreement or the First Amendment to Companion Agreement, the provisions of this
Amendment shall prevail.
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DONE AND ORDERED this()dday of I
,2008.
L.
BOARD OF COUNTY COMMISSIONERS
COLLIER.=~tHY, FL IDA
By: :JfJt--"
TOM HENNING, CHAIRMAN
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D_' It ,0' I
APp~_'ffl RM AND
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SCOTT R. TEACH,
MANAGING ASSISTANT COUNTY ATTORNEY
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Agenda &..\ JLL 1J~
Date
Date '5;7rC~
Rec'd
Page 6 of8
16B10
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(Signature)
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(Print full name)
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(Signature) v
COLLIER LAND DEVELOPMENT, INC.
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By:
('f\\~ 'i~,Vice President
S A-~ I~A-- E.. ~RD II
(Print full name) /"
STATE OF FLORIDA
COUNTY OF COLLIER
Agreement was executed before me thisz..rtay of lfri-L-, 2008 by Mic.twtl ~eY)
, ic resident of Collier Land Development, Inc.
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Notary ~c,-
Name t()
Certificate No.
My Commission Expires {,/1"1010
..~~'J.::1... CONNIE SANTAGADO
I~':.r~\ MY COMMISSION /I 00 519146
~{ ..,; EXPIRES: June 16, 2010
~~. . Bonded TI1IU Notary Public underWIft8rI
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CDC LAND INVESTMENTS, INC.
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STATE OF FLORIDA
COUNTY OF COLLIER
ement was executed before me thit!1-ay of /1pnl ,2008 by frherl- UJY1IYJ-
. P sident of CDC Land Investments, Inc.
..~~'~.,. CONNIE SANTAGADO
li,\~'T~~ MY COMMISSION II 00 519148
: : EXPIRES: June 16. 2010.
Bonded TI1IU NoIaIY PubIlc UndefWril8r5
Page 7 of8
Exhibit List for
First Amendment to Contribution Agreement and
Second Amendment to Companion Agreement
Exhibit 1 - Drainage Easement - Lely Canal
Exhibit lA - Land encumbered by Existing Drainage Easement
Exhibit 1 B - Lely Canal Legal
Exhibit 2 - Integra Realty Appraisal Summary Dated Feb. 5,2004
Exhibit 3 - Integra Realty Appraisal Summary Dated July 26,2007
Exhibit 4 - Avalon School Outfall Sketch
Exhibit 5 - Lely Manor Canal and Spreader Lake
Exhibit 6 - Lely Manor Temporary Construction Road and Permanent Maintenance Easement
Exhibits from pre-existing Agreements that are referenced in Amendment
Exhibit B - Companion Agreement
o Lely Canal Existing Conditions
01985 Master Plan
oSpreader Lake
Exhibit C - Companion Agreement - Lely Manor Canal and Spreader Lake
Exhibit F - First Amendment - Proportionate share calculation by RW A
Exhibit G - First Amendment - Proposed Project Budget
F:\wpdocs\LIT\GL V\Collier Enterprises\Sabal Bay\SECOND AMENDMENT TO COMPANION AGREEMENT 4-15-08B.doc
Page 8 of8
16810
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EXHIBIT 1
(TO SECOND AMENDMENT
TO COMPANION AGREEMENT)
Prepared by and return to:
Christopher J. Thornton, Esq.
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 201
Naples, FL 34102
DEDICA TION AND CONVEYANCE
OF DRAINAGE EASEMENT
AND RELEASE OF ORIGINAL EASEMENT
THIS DEDIC A nON AND CONVEYANCE OF DRAINAGE EASEMENT AND
RELEASE OF ORIGINAL EASEMENT ("Easement Agreement") is entered into as of the _
day of , 2008, by and between COLLIER LAND DEVELOPMENT, INC., A
Florida corporation, whose address is 3003 Tamiami Trail North, Naples, Florida 34103, and CDC
LAND INVESTMENTS, INC., a Florida corporation, whose address is 3003 Tamiami Trail
North, Naples, Florida 34103 (collectively, "Grantor"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, ("Grantee") whose address is 3301
Tamiami Trail East, Naples, Florida 34112.
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WHEREAS, Grantee was granted a drainage canal easement pursuant to the Drainage
Canal Easement recorded December 17, 1963 in Official Record Book 157, Page 269 of the Public
Records of Collier County, Florida (the "Original Canal Easement"); and
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WHEREAS, Grantor and Grantee entered into that certain Companion Agreement dated
October 14, 2003 and recorded in Official Record Book 3424, Page 337 of the Public Records of
Collier County, Florida, as amended by an Amendment dated March 27, 2007 and recorded in
Official Record Book 4218 Page 1451 in the Public Records of Collier County, Florida and by a
Second Amendment dated the _ day of , 2008 and recorded in Official Record Book
_ Page _ in the Public Records of Collier County, Florida (collectively, the "Companion
Agreement"); and
WHEREAS, pursuant to Paragraph 5 of the Companion Agreement, as amended, Grantor
is required to dedicate and convey by easement Grantor's right, title and interest in and to the Lely
Canal, as constructed in accordance with the Modified Drainage Design; and
WHEREAS, Grantor wishes to comply with the provisions of Paragraph 5 of the
Companion Agreement, as amended, by granting and conveying the easement described herein; and
WHEREAS, in consideration of the easement to be granted by Grantor to Grantee
pursuant to this Easement Agreement, Grantee wishes to release and convey to Grantor all of
Grantee's interest in the Original Canal easement.
16810
NOW, THEREFORE, for and in consideration of $10.00, as well as other good and
valuable considerations, the receipt and sufficiency of which is acknowledged by Grantor and
Grantee, the parties hereto agree as follows:
A. Grantee hereby quit claims and releases to Grantor all of Grantee's rights, title and
interest in and to the Original Canal Easement and the lands encumbered by the original Canal
Easement described in the attached Exhibit IA.
B. Grantor hereby grants and conveys to Grantee, on a quit claim basis and without
warranty of title, a perpetual, non exclusive easement, license, and privilege, to place and/or
excavate materials for the purpose of constructing, operating, and maintaining drainage
structures and facilities, including but not limited to canals, ditches, swales, earthen berms, rip-
rap and retaining wall systems, underground pipes, and various types of water control structures
(the "Replacement Canal Easement") within the following identified easement area, consisting of
lands located and being in Collier County, Florida:
[see Exhibit IB attached hereto and made a part hereof (the "Replacement Canal Area")],
subject to restrictions and reservations of record.
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RESERVING UNTO GRANTOR, and Grantor's successors and assigns, the right to full
use and enjoyment of the Replacement Canal Area for all uses and purposes not inconsistent with
the right conveyed to Grantee pursuant to this Easement Agreement, including, but not limited to,
Grantor's right to secure the Replacement Canal Area from access by the general public by any
lawful means as Grantor may deem necessary or desirable, including, but not limited to, the
construction of security fencing and gates.
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IT IS FURTHER AGREED by the parties hereto that:
I. Terms not expressly defined herein shall have the meaning ascribed to them in the
Companion Agreement.
2. Nothing contained herein shall be construed as creating an easement or any other
right in favor of the general public in or to the Replacement Canal Easement or the Replacement
Canal Area or for any recreational use of the Replacement Canal Easement or the Replacement
Canal Area.
3. From and after the date of this Easement Agreement, Grantor, or Grantor's
successors or assigns, shall have full responsibility for the maintenance of that portion of the Lely
Canal located within the Replacement Canal Easement in accordance with all applicable permits,
approvals, laws, codes and regulations.
4. In the event Grantor shall fail to maintain the Replacement Canal Easement in
compliance with all laws, regulations, permits and approvals applicable to the use of the
Replacement Canal Easement for the purpose stated herein, Grantee, after at least thirty (30) days
2
16B10
prior written notice to Grantor of such deficiency and Grantor's failure to cure such deficiency
within thirty (30) days following receipt of Grantee's notice, shall have the right to enter into the
easement area to correct such deficiency, and upon completion thereof, Grantor shall reimburse
Grantee for Grantee's reasonable cost to correct the deficiency. In the event such deficiency poses
an immediate threat to the safety of any person or property, Grantee may take immediate remedial
action, without thirty (30) days prior notice to Grantor, but shall, as promptly as possible, give
notice of such deficiency to Grantor. In the event the Grantee enters the Replacement Canal
Easement for the purpose of maintenance and damages any landscaping, the Grantee's only
responsibility with respect to the landscaping shall be to restore the landscaping to the minimum
permitted requirements.
5. Nothing in this Easement Agreement shall be deemed or construed by either party or
by any third person to create the relationship of principal and agent or of limited or general partners
or of joint venturers or of any other association between the parties.
6. It is intended that each of the easements, covenants, conditions, restrictions, rights
and obligations set forth herein shall inure to the benefit of the respective parties and their
successors, assigns, heirs and personal representatives. This Easement Agreement may be recorded
by either party in the public records of Collier County, Florida.
7. The laws of the State of Florida shall govern the interpretation, validity,
performance and enforcement of this Easement Agreement.
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8. By executing this Easement Agreement, Grantee acknowledges Grantor's complete
and full satisfaction of Grantor's requirements pursuant to Paragraph 5 of the Companion
Agreement, as amended.
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IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name
by its duly authorized corporate officer.
Signed, Sealed and delivered
in the presence of:
COLLIER LAND DEVELOPMENT INC.,
a Florida corporation
Witness
Print Name:
By:
Print Name:
Title:
Witness
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
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The foregoing instrument was acknowledged before me this _ day of
2008, by , as
Land Development, Inc., a Florida corporation.
produced driver's license no.
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He/She is personally known to me, or [ ] has
as identification.
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Printed Name
Commission Expires:
[signatures and acknowledgments continue on following page]
4
16B10
CDC LAND INVESTMENTS, INC., f/k/a
Collier Development Corporation, a Florida
corporation
Witness
Print Name:
By:
Print Name:
Title:
Witness
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this _ day of
20008, by as of CDC
Land Investments, Inc., a Florida corporation. He/She is personally known to me, or [ ] has
produced driver's license no. as identification.
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NOTARY PUBLIC
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Printed Name
Commission Expires:
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ATTEST:
By:
Approved as to form and legal sufficiency:
Print Name:
County Attorney
16B10
COLLIER COUNTY FLORIDA, a political
subdivision of the State of Florida
By:
Print Name:
Title:
F:lwpdocslLIT\GL V\Collier Enterprises\Sabal BaylDrainage Easement 4-2-08.doc
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16810
Exhibit l-A
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~.,17 '9JlsAH"G! J:)'U1NAOt
,Bwp/t.lr-fi:'AGrr .
tU;M Of ~ll\lilllr.CIl1lAT
". H 1$ ! N D 1: N r U R 1:, JIlDdfil ~ci llnd day of Daootilpt1T I
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CANAl. lMUMENT
~f~io; ;";'t269
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.'''"~, ~tw\2ClI COIJ.'um.1)!:VIl1.OPMIlNT OOnpOl\AT~N, a COTJlCll'~Ull!'l
" ~c~i.f1l9 \ln~ ~ llIWlf ~f file $t.!lte ot tlaOd~, '"ne( hGv'n~,n:. pttnc;l}l(11
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~Je<rlt of ~aUla'lJfI Dt 110 TAm'amJ TrllJl, Kopas, 'J(It~, pOrl;l' o/lbu
, Ifr1U patt, l1J1d cotJ.JiR OOUN'rY.. II pqUtJocli lJ1lbuJvJ4.1on of t~ lflat~
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jl~J!OWJedl1e<:', h1UI lP'I3"Md unto the pMtl' of tbe, sflCOnd par}" itll
"\I~elliors,1n 9OVIM:nmer.t, zm DtlBlllf'IJlml Dnd riQl\l-'>l"'w_y ler 1he
, ll\Il'(lQlieo of ajellr~ll. oxeavotinQ, ~o'l(lIl'9CtJnq lInd maJ.otallflnq ilIn.
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.-' QQU'all and d{-alfW}gv wMl, UJIOJuUl9 through the IoJ,lQwJIlY dell\Clj~.
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A ~~O Coot str$P qt lol'1d lying 60 teel qClQh Sil!o oi
tll, I~Uowln, cie5(:r1\)~~ center line::' ,
Oommencil\9 III t"'lt N"E. cOt'1)4r ~~JllJ.~Qn ~<
TQ'.!Iplbt,50 South, lI'i1n~ 2,5 Ea~i:7I~n'S ll9"J/:l'2$"
w along 'th~ North Une. or.tdd S8clWil 21l, 139.56
.reel to 4 BOlli Spika 10 'lhOmlul5on Road. wbJ{,:h Js .
11150 on ills. !?Q\l&hweslet!y R.LsJhI of WfJ.Y UnCI of t'be
TBm1aml !'taU (II.S, 41): tlle111:e S U" 03' 31' r:
along sa.ljt SOUthw'il~\t'rty Rlqht o{ WilY U,18 218$.24.
foot to tlle o~ter at Woll:er Call1ll betl)g mE POUlT
or BEGINNING for ,ofd 9~~r lmo oE'tt.semeJUl
thence S 1l0~ 53'.9" w lS83.a3 feot; tlumOEl fl
42P~7 '~9" Vi 301.34 (got r.o eo poInt tm 'tlto WoGt.
lin~ of Section 19 tad of c:entlP, U08, whiCh point .
1.s "~1I'..37 fclet S On";44'31" E froM Ch~ We:st'}/I,I
..~ or SeQtloj, 1.9 End T!e, Conli:1.lilin\1',$. 22 .
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~.1oltf ov.)y llU\bor1zed ln Ule Blut!: imll county lIICore~tl.lQ '0 I.a~e
nolmc,lw1ed9U1C1ntt;, PW''10ffl111y'a9P~red llI'llrrm.ll' 11., ftll.lTen .1l.Ii I, J,
GWJ!liQ.S\, \Y~n lqll;wm 10 me to ~e 'fliq Vice J'reli1~e.ln I)nd BeaJ'litln'y
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ras~P.'~~'l'IJJy of ColHllr 1ln-e1oPJlIcmt CClrporlUQn, pitrty o! tne ffnlt
:p-Ort in tb~ rClJ'e~ClJ/IiI .Pralnll!lG CaDai BaS81l\01l[, and tb.llt tb&y .sRv~A.lI)' .
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~ ao)m~wlecl'3ed e.xecuUtl9 the Sfll1lQ In ~i\ prl'i!;'i~P.~.iPl t.*.o '$uliJ;j1t't~lllf1
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salol eorpo'CG1:10l) and \hOlt the Ileal illIlmd tlI<11illO 1.1 tlll\ true .cgrJlOl'at~
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16B10
Exhibit 1-8
BJUIIBIT \ .
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER. LYING IN SECTION 19. TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS
24 AND 25, TOWNSHIP 50 SOUTH. RANGE 25 EAST AND BEING FURTHER BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 50 SOUTH,
RANGE 26 EAST;
THENCE N.00'13'03"W.. ALONG THE WEST LINE OF SAtD SECTION 19, FOR 2,222.38 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE N.71022'59"E., FOR 109.33 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 531.75 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 38005'01"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.52'20'29"E. FOR 522.01 FEET;
THENCE N.33"17'59"E., FOR 167.67 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 291.58 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF
20052'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.43044'28"E. FOR 289.97
FEET TO A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 205.48 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
LEFT HAVING A RADIUS OF 419.65 FEET THROUGH A CENTRAL ANGLE OF 28003'17" AND
BEING SUBTENDED BY A CHORD WHICH BEARS N.40009'18"E. FOR 20343 FEET;
THENCE N.26"07'39"E.. FOR 196.28 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 60.32 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RAOIUS OF 230.97 FEET THROUGH A CENTRAL ANGLE OF
14057'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.33'36'35"E FOR 6015
FEET;
THENCE N.41'05'30"E., FOR 384.96 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY
LINE OF TAMIAMI TRAIL (US HWY. 41, STATE ROAD 90);
THENCE N.39'03'52"W., ALONG SAID WESTERLY LINE, FOR 238.51 FEET;
THENCE S.41005'30"W., FOR 425.75 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 121.70 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 465.97 FEET THROUGH A CENTRAL ANGLE OF 14057'51"
AND BEING SU8TENDED BY A CHORD WHICH BEARS S.33036'34"W. FOR 121.35 FEET;
THENCE S.26007'39'W., FOR 196.28 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 90.41 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 184.65 FEET THROUGH A CENTRAL ANGLE OF
28.03'17" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.40"09'18'W. FOR 89.51
FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERLY 377.23 FEET ALONG THE ARC OF A REVERSE CURVE TO
THE LEFT HAVING A RADIUS OF 1,03500 FEET THROUGH A. CENTRAL ANGLE OF
20'52'58" AND BEING SU8TENDED BY A CHORD WHICH BEARS S.43044'27'w' FOR 375.14
FEET;
THENCE S.33'17'59"W, FOR 167.67 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 375.55 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 565.00 FEET THROUGH A CENTRAL ANGLE OF
38005'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS S52'20'29'W, FOR 368.67
FEET:
THENCE S.71022'59"W. FOR 139.33 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 956.70 FEET ALONG THE ARC OF A NON.TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 910.00 FEET THROUGH A CENTRAL ANGLE
OF 60'14'10" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.41'18'49'W. FOR
913.25 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 446.84 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 916.22 FEET THROUGH A CENTRAL ANGLE
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R:\200~Il)SOO36.00,02 Sabal Bay .1.ely MlJil1 ('.nal\OO(U Ex<;avilllon Ptnnil Applic~uion P'Cf'\('llOJtl acccss clirnts\f;xhibil A,doc
16810
OF 27.52'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.3S036'10"W. FOR
442.25 FEET TO A POINT ON A CURVE:
THENCE SOUTHWESTERL Y 592.64 FEET ALONG THE ARC OF A NON. TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 1,288.53 FEET THROUGH A CENTRAL ANGLE
OF 26021'08" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.2so48'56"W. FOR
587.43 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 395.72 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 1,052.79 FEET THROUGH A CENTRAL
ANGLE OF 21032'10" AND BEING SUBTENDF.D BY A CHORD WHICH BEARS S.40005'54'W.
FOR 393.39 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERL Y 437.40 FEET ALONG THE ARC OF A NON.TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 727.49 FEET THROUGH A CENTRAL ANGLE
OF 34'26'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.28.31'06"W. FOR
430.84 FEET TO A POINT ON A CURVE;
THENCE SOUTHERLY 8960 FEET ALONG THE ARC OF A NON.TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 190.59 FEET THROUGH A CENTRAL ANGLE OF
26056'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.20044'45'W. FOR 88.78
FEET;
THENCE S.3so58'19"W.. FOR 187.56 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 229.19 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A I~ADIUS OF 1.035.00 FEET THROUGH A CENTRAL ANGLE OF
12041'16" AND BEING SU8TENDEb BY A CHORD WHICH BEARS S29037'41"W. FOR 226.73
FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERL Y 157.26 FEET ALONG THE ARC OF A REVERSE CURVE TO
THE RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF
11.15'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.26.54'59"W. FOR 157.03
FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERLY 404.55 FEET ALONG THE ARC OF A REVERSE CURVE TO
THE LEFT HAVING A RADIUS OF 1.035.00 FEET THROUGH A CENTRAL ANGLE OF
22"23'42" AND BEING SU8TENDED BY A CHORD WHICH BEARS S.230Z1'04"W. FOR 401.98
FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHERLY 98.99 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
RIGHT HAVING A RADIUS OF 793.72 FEET THROUGH A CENTRAL ANGLE OF 07.08'44"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.15043'35'W FOR 98.92 FEET:
THENCE S.19017'57'W.. FOR 157.63 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 181.70 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF
13.00'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS S25.48'21'W. FOR 181.31
FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERLY 96.84 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
LEFT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 07'04'45" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.28046'22"W. FOR 96.76 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERLY 223.75 FEET ALONG THE ARC OF A REVERSE CURVE TO
THE RIGHT HAVING A RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF
16.01'29" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.33014'44"W. FOR 22302
FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTEr~L Y 59.07 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 132.84 FEET THROUGH A CENTRAL ANGLE OF
25"28'47" AND BEING SUBTENDEO BY A CHORD WI'iICH BEARS S.27'02'54"W. FOR 5859
FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 145.96 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT 1.IAVING A RADIUS OF 125.51 FEET THROUGH A CENTRAL ANGLE
OF 66037'49" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.58"53'Z6"W. FOR
137.87 FEET TO A POINT ON A CURVE;
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1~:\2005\O.sOO)6.00.02 Snb:'ll thy ~ 1.1:1)' Main Cauml\o()03 l!KCllvl1lion Pcmlil ^P.)llC::tlioll Prep't'ill111' D<:Ct'~, cSn1tt\E):,hihil ^.dr>c
16810
THENCE SOUTHWESTERLY 201.87 FEET ALONG THE ARC OF A NON.TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 121.56 FEET THROUGH A CENTRAL ANGLE
OF 95'09'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.47'23'33''W. FOR
179.46 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 164.08 FEET ALONG THE ARC OF A NON.TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 90.47 FEET THROUGH A CENTRAL ANGLE
OF 103054'40" AND BEING SUBTENDEO BY A CHORD WHICH BEARS S.51'01'45'W. FOR
142.50 FEET TO A POINT OF REVERSE CURVATURE;
THENCE WESTERLY 144.17 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT
HAVING A RADIUS OF 157.00 FEET THROUGH A CENTRAL ANGLE OF 52036'43" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.76'40'44''W. FOR 139.15 FEET;
THENCE S,50022'23'W" FOR 179.63 FEET TO A POINT OF CURVATURE;
THENCE WESTERL Y 62.61 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 38034'20" AND
BEING SUBTENPEO BY A CHORD WHICH BEARS S,69039'33"W, FOR 61,43 FEET;
THENCE S.88'56'43'W.. FOR 14.45 FEET TO A POINT OF CURVATURE;
THENCE WESTERLY 33.09 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 104.50 FEET THROUGH A CENTRAL ANGLE OF 18'08'36"
AND BEING SUBTENDED BY A CHORD WHICH BEARS NB1'S8'59''W. FOR 32,95 FEET;
THENCE N.72'54'41 'W.. FOR 63,21 FEET TO A POINT OF CURVATURE;
THENCE WESTERL Y 61.05 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO HiE
LEFT HAVING A RADIUS OF 157,00 FEET THROUGH A CENTRAL ANGLE OF 22'16'40" AND
BEING SUBTENDED BY A CHORD WHICH BEARS N.84'03'OI"W. FOR 60.66 FEET;
THENCE S.B4'48'39"W.. FOR 8.76 FEET:
THENCE S.85'14'31"W., FOR 44.15 FEET;
THENCE S.90'OO'00"W., FOR 51,65 FEET;
THENCE N.84017'43''W., FOR 37.33 FEET;
THENCE N.75'58'21'W., FOR 26,24 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY 10.26 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 25,00 FEET THROUGH A CENTRAL ANGLE OF 23'31'18"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N64'1Z'42"W. FOR 10.19 FEET;
THENCE N.52'27'03'W" FOR 53.90 FEET;
THENCE N.56'11'15"W.. FOR 47.42 FEET TO A POINT ON A CURVE;
THENCE NORTHWESTERLY 12.56 FEET ALONG THE ARC OF A NON. TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF
14023'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.63'31'27'W. FOR 12.53
FEET:
THENCE N.70'43'22"W., FOR 56.31 FEET;
THENCE N.71'22'38"W., FOR 52,51 FEET;
THENCE N71'34'38"W., FOR 33.10 FEET TO A POINT ON A CURVE;
THENCE WESTERLY 355 FEET ALONG THE ARC OF A NON.TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 45.00 FEET THROUGH A CENTRAL ANGLE OF 04'31'23" AND
BEING SUBTENDED BY A CHORD WHICH BEARS N.73050'21'W. FOR 3.55 FEET;
THENCE N.76'06'03'W" FOR 2,60 FEET TO A POINT OF CURVATURE;
THENCE WESTERLY 7.18 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT
HAVING A RADIUS OF 45.00 FEET THROUG H A CENTRAL ANGLE OF 00'06'14" AND BEING
SUBTENPED BY A CHORD WHICH BEARS N.80'40'10"W. FOR 7.17 FEET;
THENCE N.85014'17"W., FOR 19.11 FEET TO A POINT OF CURVATURE;
THENCE WESTERL Y 1.55 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT
HAVING A RADIUS OF 45.00 FEET THROUGH A CENTRAL ANGLE OF 0"58'37" AND BEING
SU8TENDED BY A CHORD WHICH BEARS N.86.13'36"W, FOR 1,55 FEET;
THENCE N.87'12'5~.W., FOR 27,52 FEET TO A POINT OF CURVATURE;
THENCE WESTERLY 2.19 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT
HAVING A RADIUS OF 45.00 FEET THROUGH A CENTRAL ANGLE OF 02'47'06" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N,88036'27'W. FOR 2.19 FEET;
THENCE S.90.00'OO'W" FOR 20.98 FEET TO A POINT OF CURVATURE;
Page 3 of14
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16810
THENCE WESTERLY 15.38 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 16"56'43" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.81"31'39"W. FOR 15.32 FEET;
THENCE S.73"03'17"W.. FOR 92.92 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 31.20 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 34'22'30"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.55.52'02"W. FOR 30.73 FEET;
THENCE S.38"40'47"W., FOR 22.43 FEET TO A POINT OF CURVATURE:
THENCE SOUTHWESTERLY 25.46 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 28.03'21"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.24.39'06'W. FOR 25.21 FEET:
THENCE S.10.37'26"W.. FOR 36.57 FEET TO A POINT ON A CURVE:
THENCE SOUTHERLY 34.49 FEET ALONG THE ARC OF A NON- TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 61.96 FEET THROUGH A CENTRAL ANGLE OF 31'53'37"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.04"25'39'W. FOR 3405 FEET:
THENCE S.24"23'04"E., FOR 22.11 FEET TO A POINT OF CURVATURE:
THENCE SOUTHEASTERLY 21.22 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 20.36'32"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.34"41'20"E. FOR 21.11 FEETTOA
POINT ON A CURVE;
THENCE SOUTHEASTERLY 45.43 FEET ALONG THE ARC OF A NON- TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 95.87 FEET THROUGH A CENTRAL ANGLE OF
27"09'06" AND BEING SUBTENDED BY A CI'iORD WHICH BEARS S.60.33'12"E. FOR 4501
FEET;
THENCE S.68.32'41'E. FOR 40.37 FEET;
THENCE S.49<12'42'E., FOR 16.54 FEET;
THENCE S.33.42'53'E., FOR 11.91 FEET TO A POINT ON A CURVE;
THENCE SOUTHEASTERLY 42.53 FEET ALONG THE ARC OF A NON.TANGENTlAL CURVE
TO THE RIGHT HAVING A RADIUS OF 96.81 FEET THROUGH A CENTRAL ANGLE OF
25.10'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.26'12'02"E. FOR 42,19
FEET;
THENCE S.20'33'S9'W., FOR 16.97 FEET:
THENCE S.40'25'S7"W., FOR 18.42 FEET TO A POINT OF CURVATURE;
THENCE SOUTHERLY 83.32 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 49.00 FEET THROUGH A CENTRAL ANGLE OF 97.25'29' AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.08'17'08"E. FOR 7364 FEET:
THENCE S.56.59'52"E.. FOR 32.64 FEET;
THENCE S.69.13'00"E., FOR 32.43 FEET;
THENCE S.71'38'3S"E., FOR 14.68 FEET;
THENCE S.72.21'32"E., FOR 18.61 FEET:
THENCE S.83"43'39'E., FOR 20.11 FEET:
THENCE N.87"44'37"E., FOR 25.24 FEET:
THENCE N.73.58'34"E., FOR 22.23 FEET;
THENCE N.62.38'46"E.. FOR 29.12 FEET;
THENCE N.59.2T25"E.. FOR 20.31 FEET:
THENCE N.72.22'27"E., FOR 11.19 FEET;
THENCE N.87.02'43"E., FOR 14.39 FEET;
THENCE S.88'32'44"E.. FOR 10.54 FEET;
THENCE S.40'11 'OO"E.. FOR 104.60 FEET TO A POINT OF CURVATURE;
THENCE SOUTHEASTERLY 28.41 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 27'35'19"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.61'58'40"E. FOR 28.14 FEET;
THENCE S.75'46'19"E" FOR 47.78 FEET TO A POINT OF CURVATURE;
THENCE EASTERLY 23.56 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 22.52'55" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.87.1Z'47"E, FOR 23.41 FEET;
Page 4 of!4
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16810
THENCE N.8l'ZO'45'E., FOR 74.27 FEET;
THENCE S.83'32'37"E., FOR 28.55 FEET;
THENCE S.32.07'59'E.. FOR 29.62 FEET;
THENCE S.38.SS'24'E., FOR 19.66 FEET;
THENCE S.1l.Z3'34'E., FOR 30.83 FEET;
THENCE S.2l'56'54'E., FOR 24.00 FEET;
THENCE S.33.45'47"E.. FOR 25.23 FEET;
THENCE S.3l.10'S6"E.. FOR 18.82 FEET;
THENCE S.28.20'01"E.. FOR 16.86 FEET;
THENCE S.27'02'OO"E., FOR 16.82 FEET;
THENCE S.25.07'59"E., FOR 37.09 FEET;
THENCE S.20'22'47"E., FOR 42.72 FEET;
THENCE S.29.13'43"E., FOR 29.16 FEET;
THENCE S.02'13'26"E.. FOR 22.37 FEET;
THENCE S,02'44'31"E" FOR 11.95 FEET;
THENCE S.22'54'44"W.. FOR 6.59 FEET TO A POINT ON A CURVE;
THENCE SOUTHERL Y 25.98 FEET ALONG THE ARC OF A NON.TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 25.13'52"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S1S"59'01'W. FOR 25.77 FEET TO A
POINT ON A CURVE;
THENCE SOUTHWESTERLY 25,27 FEET ALONG THE ARC OF A NON.TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF
24.32'22" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.29'34'2S'W, FOR 2508
FEET;
THENCE S,lrlB'17"W., FOR 8.56 FEET TO A POINT OF CURVATURE;
THENCE SOUTHERLY 23.90 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 23'12'41' AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.05.41'5TW. FOR 23.74 FEET;
THENCE S.27'09'48'W., FOR 41.04 FEET;
THENCE S.03'16'55"E., FOR 11.42 FEET;
THENCE S.17'5T31"W., FOR 22.83 FEET;
THENCE S.26'44'25'W.. FOR 24.66 FEET TO A POINT OF CURVATURE;
THENCE SOUTHERLY 73.83 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 49,00 FEET THROUGH A CENTRAL ANGLE OF 86'19'50" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.16.25'30"E. FOR 67.04 FEET;
THENCE S.59.35'25'E" FOR 17.46 FEET;
THENCE S.86'40'56"E., FOR 20,70 FEET TO A POINT ON A CURVE;
THENCE EASTERLY 33,32 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 36.42'36" AND
BEING SUBTENDED BY A CHORD WHICH BEARS 5.86.34'02"E, FOR 32.75 FEET:
THENCE N.75'04'40"E" FOR 33.64 FEET TO A POINT OF CURVATURE;
THENCE EASTERLY 8.43 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT
HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 09'17'24" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.70.25'58'E. FOR 6.42 FEET;
THENCE N.6S'47'15"E.. FOR 54.18 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 38.09 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 41 '57'58"
AND BEING SUBTENDEO BY A CHORD WHICH BEARS N.44.48'16"E. FOR 37.24 FEET;
THENCE N.23'49'17'E., FOR 104,65 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY 17.91 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 19'43'57" AND
BEING SUBTENDED BY A CHORD WHICH BEARS N,13'57'18"E. FOR 17.82 FEET:
THENCE N,04.05'20"E,. FOR 87.78 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY 9.47 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 52,00 FEET THROUGH A CENTRAL ANGLE OF 10'26'03' AND
BEING SUBTENDED BY A CHORD WHICH BEARS N.01'OT41"W. FOR 9.46 FEET;
Page S of 14
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16810
THENCE N.06'20'43''W.. FOR 81.45 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY 26.55 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 16.21'33" AND
BEING SUBTENDED BY A CHORD WHICH BEARS N.01'60'04'E. FOR 26.46 FEET;
THENCE N.10.00'51"E., FOR 92.38 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 43.32 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 26'41'09"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.23'21'25"E. FOR 42.92 FEET;
THENCE N.36.41'59"E., FOR 139.49 FEET TO A POINT OF CURVATURE;
THENCE EASTERLY 120.06 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 73.57'53' AND
BEING SUBTENDED BY A CHORD WHICH BEARS N.73'40'55"E. FOR 111.89 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 315.88 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
LEFT HAVING A RADIUS OF 152.70 FEET THROUGH A CENTRAL ANGLE OF 118'31'21"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.51'24'11"E. FOR 262.49 FEET TO
A POINT ON A CURVE;
THENCE NORTHEASTERLY 376.52 FEET ALONG THE ARC OF A NON.TANGENTlAL
CURVE TO THE RIGHT HAVING A RADIUS OF 219,05 FEET THROUGH A CENTRAL ANGLE
OF 98'29'00" AND BEING SU8TENDED BY A CHORD WHICH BEARS N.43'56'43"E. FOR
331.85 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 273,75 FEET ALONG THE ARC OF A NON.TANGENTIAL
CURVE TO THE lEFT HAVING A RADIUS OF 167.60 FEET THROUGH A CENTRAL ANGLE
OF 93'35'03" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.37.26'12"E. FOR
244.32 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 77,28 FEET ALONG THE ARC OF A NON.TANGENTIAL CURVE
TO THE RIGHT HAVING A RADIUS OF 140.99 FEET THROUGH A CENTRAL ANGLE OF
31'24'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS N24'43'37"E, FOR 76.31
FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 170.94 FEET ALONG THE ARC OF A NON. TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 1,035,00 FEET THROUGH A CENTRAL ANGLE
OF 09'27'46" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29'57'52"E. FOR
170.74 FEET TO A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 69.81 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
RIGHT HAVING A RADIUS OF 565,00 FEET THROUGH A CENTRAL ANGLE OF 07'04'45"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.28'46'22"E. FOR 69.76 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 235.07 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
LEFT HAVING A RADIUS OF 1 ,035.00 FEET THROUGH A CENTRAL ANGLE OF 13'00'48"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.25'48'20"E. FOR 234.57 FEET;
THENCE N.19'17'57"E" FOR 157.63 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY 128.29 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
lEFT HAVING A RADIUS OF 1,020.72 FEET THROUGH A CENTRAL ANGLE OF 07'08'44"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N 15'43'35"E. FOR 128.21 FEET TO
A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 312.69 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 22'23'42"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.23'21'04"E. FOR 310.71 FEET TO
A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 203.48 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
LEFT HAVING A RADIUS OF 1,035,00 FEET THROUGH A CENTRAL ANGLE OF 11'15'52"
AND BEING SU8TENDED BY A CHORD WHICH BEARS N.28'54'59"E. FOR 203.16 FEET TO
A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 177.15 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
RIGHT HAVING A RADIUS OF 80000 FEET THROUGH A CENTRAL ANGLE OF 12'41'16"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N,29'37'41"E, FOR 176.79 FEET:
Page 6 of 14
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16810
THENCE N.35.58'19"E., FOR 187.56 FEET TO A POINT ON A CURVE;
THENCE NORTHERLY 196.69 FEET ALONG THE ARC OF A NON.TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 424.74 FEET THROUGH A CENTRAL ANGLE OF 26.32'00"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.21057'32"E. FOR 194.94 FEET TO
A POINT ON A CURVE;
THENCE NORTHEASTERLY 281.25 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 492.49 FEET THROUGH A CENTRAL ANGLE
OF 32'43'15" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.28"20'20"E. FOR
27745 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 503.03 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 1,287.79 FEET THROUGH A CENTRAL ANGLE
OF 22'22'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.3S"08'23"E. FOR
499.84 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 490.56 FEET ALONG THE ARC OF ANON. TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 1.053.53 FEET THROUGH A CENTRAL
ANGLE OF 26'40'45" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.27'35'56"E.
FOR 486.14 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 570.99 FEET ALONG THE ARC OF A NON.TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 1,142.43 FEET THROUGH A CENTRAL ANGLE
OF 28.38'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.3'(.OS'39"E. FOR
565.07 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 731.18 FEET ALONG THE ARC OF A NON.TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 675.00 FEET THROUGH A CENTRAL ANGLE
OF 62'03'53" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.40024'59''E. FOR
695.96 FEET;
THENCE N.71"22'59"E., FOR 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN.
CONTAINING 2,276,734 SQUARE FEET OR 52.27 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 50 SOUTH. RANGE 26 EAST, AS HAVING AN ASSUMED BEARING
OF N.68'23'16"E.
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PREPARED BY:
RWA INC.
FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB 6952
-"':'" ...') . ~ - ~:~~ ......-.-..
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DENNIS A MILLER
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. LS 5626
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LINE
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L2
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L9
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LINE TABLE
BEARING
N7 . 2' "E
N3J"17'59"E
53:> 17'59" W
71' '59"W
N7 '22'59"E
THIS IS NOT A SURVEY
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LENGTH
109,33'
167.67'
167.67'
139.33'
30.00'
~
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,
GRAPHIC SCALE
'".150'
:--- POINT OF COMMENCEMENT
SW CORNER OF SEe 19
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD CHORD BRG.
Cl 531.75' 800.00' 38' 5' ," 522.01 ' N" 2' 20'29"
C8 375.55' 565,00' 38'05'0," 368.67' S5 ' '2 "w
C9 956,70' 910.00' 6 'W10" 913.25' S41'18'49"W
C74 731.18' 675.00' 62'03'53" 695.96' N40'24'59"E
D'lTA ~C'~:non
CONSULTING avil~
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COLLIER LAND DEVELOPMENT, INC.
TITLE: LEL Y CANAL
SKETCH OF DESCRIPTION
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THIS IS NOT A SURVEY
CURVE: TABLE
CURVE L(NGTH RADIUS DELTA CHORD CHORD BRG.
C2 291.5B' BOO.OO' 20'52' B" 289.S7' N4 4 ' 8"
C3 205.48' 419.65' 28'03'1 r' 203.43' N40'09'18"E
C4 60,32' 230.97' 14'57'51" 60,15' NJ3"J6'J5" E
C5 121.70' 465.97' 14'57'51" 121.35' S3J"36'3S"W
C6 90.41' 164,65' '03'17" 69.51' 4Q'09'1B"W
C7 377.23' 1035,00' o' " 375,14' 4 '44' l'
.......- WESTERLY LINE
....-- TAMIAMI TRAIL
(US HWY. 41, SR 90)
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L5
L6
L7
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BEARING
N26'07" "E
N41'OS'30"E
N3S'03'52"W
S41'OS'JO"W
S' 6'07' 9"W
LENGTH
196,28'
384,98'
238,51'
425.75'
196.28'
1)\11 ^ JNC ~i::~on
CONSULTING Civil~
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.... Carlon Sbool
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SKETCH OF DESCRIPTION
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CURVE
Cl0
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C71
cn
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LENGTH
446,64'
592.64'
395,72'
503.03'
490.56'
570.99'
RADIUS
918.22'
1288.53'
1052,79'
1287.79'
1053.53'
,,42.43'
w
16810
THIS IS NOT A SURVEY
CURVE TABLE
DEl.TA
27'52'12"
S' 1'08"
I' '10"
22'22'50"
26'40'45"
8' 6'1 't'
SEE SHEET 8
MATCH UNE B
o 75 150
, GRAPHIC SCALE'
1'- 150'
CHORD
442.25'
587.43'
393.39'
499.64'
486.14'
565.07'
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THIS IS NOT A SURVEY
CURVE TABLE
CURVE lENGTH RADIUS DELTA CHORD
C13 07.40' 727.49' 4' '7 430,84'
C14 89.60' 190.59' 26'56'13" 88.78'
C15 229.19' 1035.00' 12'41'1 " 226.73'
C16 157,26' 800.00' 1 '15'52" 157,03'
C17 404,55' 1035.00' '4 401.98'
Ce6 312.69' BOO,OO' 22"23'42" 310.71'
C67 203.48' 1035,00' 11'15'52" 203.16'
C6B 177,15' 800,00' 1 41'16" 176.79'
CB9 196,70' 424.74' 26' 2' 194,94'
C70 2B1,25' 492.49' 32'43'15" 277,45'
LINE
l10
l84
\
~ 75 '50
GRAPHIC SCALE'
,'- 150'
D'XTA lNC.~~on
CON S.lJL TING Ci.u &glnccring
..... '" , A.. JL S~}'iD8 & MawiDg
15042CerGOl'lSQoI
Foo1_. Florida 3390.
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lENGTH
187.56'
187,56'
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COLLIER LAND DEVELOPMENT, INC.
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SKETCH OF DESCRIPTION
16810
THIS IS NOT A SURVEY
SEE SHEET 11
MATCH LINE 0
GO '"
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CURVE TABLE (.>
CURVE LENGTH RADIUS DELTA CHORD CHORD BRG.
C18 98,99' 793.72' 708'44" 98.92' SlS'43'JS"W
C19 181,70' 800.00' 13"00'48" 181.31' '4 '21"W
C20 98,84' 800,00' 704'4 " 98.78' '46' 2"W ~
C21 223.7:;' 800,00' 16'01'29" 223.02' S "w :; '"
C22 59,07' 132.84' '47" :;8,59' S2702'54"W .'S
C23 145,96' 125,51' 6" 7'4 " 137,87' S56'53'26"W
C24 201.87' 121.56' , 4" 179.46' S4723'33"W
C25 164,08' \l0.47' o '54'40" 142,50' 551'01 '45"W
C26 144.17' 157.00' 5 36'43" 139.15' 76'4 '4<t'W
C57 120,06' 93.00' 7 '57'53" l' 1,89' N73'40'SS"E
C58 31:;.88' 152.70' 11 ' , 1" 262,49' N51'24'11"
C59 376,52' 219.05' 98'29'00" 331.85' N4SS6'43"
C60 273,75' 167,60' 9 '35'0 " 244.32' N '12"[
C61 77,28' 140.99' l' '14" 76,31' N24'43'37"E
C62 170.94' 1035,00' 9'27'46" 170.74' N29'57'5 "
C63 69.81' 565.00' 7'04'45" 69.76' N28'46'2Z"
C64 235,07' 1035,00' 1 ' '48" 234.57' N25' 48'20" E
C65 128,29' 1028,72' 7'08'44" 128.21' Nl:;'43'35"E
UNE
L11
L83
LENGTH
157.63'
157.63'
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THIS IS NOT A SURVEY
9
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LINE
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L 13
l14
Ll5
l16
l17
l18
l19
l20
l21
122
L23
L24
L25
L26
l27
l28
L30
l31
L32
L33
L34
L35
L36
L37
U8
L39
L40
L41
L42
L43
L44
l45
L46
L47
THIS IS NOT A SURVEY
LINE TABLE
BEARING
5 (j '2::l"W
588"56'43"W
N72'54'41"W
584'4B'39"W
5', 'Jl"W
5 'OO'OO"W
NB4'l7'43"W
N7S' 8'21"W
N52'27'03"W
N56'11'15"W
N70'43'22"W
N71'22'3B'W
N71'34'3B"W
N76' 6' 3"W
N '14'17"W
NBTI "4"
590'00' O"W
5 '03'17"W
53B'40'4 "W
510'37' 6"W
5 4'23'04" E
568'32'41"[
549'12'42"E
53 '42'53"
S20'33'39"W
5 0'2 '31'W
. '52"E
69'13'0 "E
57"38'38"E
57 l' "E
583' 43' 9"
N8744'37' .
N73'58'~"E
N6 '38'4 "
N59'27'25"E
LENGTH
179.63'
14.45'
6.3,21'
8.76'
44.15'
51.65'
37,33'
26.24'
53,90'
47,42'
58.31'
52,51'
33.10'
2.60'
19.11'
27.52'
20.98'
92,92'
22.43'
36,57'
22,11'
40.37'
16.54'
11.91'
16,97'
18.42'
32.64'
32.43'
14.68'
18.61'
20.11 '
25,24'
22.23'
29.12'
20.31'
LINE TABLE
LINE SEARING LENGTH
L48 N7i7:6fF' 11.19'
L49 NRT02'43'E 14,39'
L50 "8"'3?'4"" " 10,54'
L51 548"1,'on"" 104,60'
L52 S75'.j.A'19"E 47,78'
L53 N81'20'45"E 74.27'
L54 583'32~1'E 28,55'
L55 S32'07'59~ 29,62'
L56 538"1;1I"4"E 19,66'
L57 511'23'34"" 30.83'
L58 S21'56'54"" 24.00'
L59 533'45'47"E 25.23'
L60 S~1'10'36"E 18.62'
L61 S2W20'01"E 16.8l?:_
L62 52702'00"r. 16,82'
L63 525'07'59"E 37.09'
L64 520'22'47' E 42.72'
L65 <:?Q'P;4'<"E t:~
LG6 502'13'2"-" Co 22,37'
L67 o:::n"44;:'\1"E 11.95'
L68 S22'5"'''4''W 6.59'
L69 S17'IB'17"W B.56'
L70 5'T09'48"W 41.04 .
L71 503'16'55" E ~ 1.42'
L72 "lT~'~"'W 22.83'
L73 S26"44'2""W 24.66'
L74 S59' 35'25" E 17.46'
L7S SI\6"40'5I\"E 20.70'
L76 N75'04'"''''" 33,64'
L77 N6!>'47'IS"E 54,18'
L78 N7,'\'49'l7"E 104.65'
L79 NN.w;.?Q'~ 87,78'
LBO N06"20'43"W 81.45'
L81 Nl0'OO'S1"E 92.38'
L82 N:16'41 '59"i: 1,39.49'
CURVE TABLE ---.
CURVE LENGTH RADIU5 DELTA CHORD CHORD BR~__
e27 62,61' 93.00' 38' 34'20" 61,43' ""P"9'3"W
C28 33,09' 104,50' 18'08'36" .32,95' NB1'5B'!>9"E
C29 61,05' 157.00' 22'16'40" 60.66' NR4'O,\'01"W
C30 10.26' 2500' 73'31'18" 10.19' "'''4' 12'42'W
C31 12.56' 50.00' 14'2.3'50" 12.5.3' N63'31'27'w
C32 3.55' 45.00' 4'31'23" 3,55' N73"50'21"w
CJ3 7.18' 45.00' 9'08' 14" 7,17' ~'10"W
CJ4 1.55' 45.00' 1'511'37" 1.55' N86'1 S3f\"W
C35 2,19' 45,00' 2'47'06" 2.Hi' NRII'36,.,7"W
C36 15.36' 52.00' 16'56'43" 15.32' 581'3' '39"W
C37 31. 20' 52.00' 34'27'.'\0" 30.73' S55'52'02"W
C38 25.46' 52.00' '8'03'21" 25.21' S74'39'01'W
C39 34,49' 61.96' .31'1\3'37" 34.05' 504'25'39" VI
C40 21,22' 59.00' 20'36'32" 21.11' 534' 41 '20" E
C41 45,43' 95.87' 2T09'06" 45.01' "6n'''3'12''E
C42 42,53' 96,81 ' 25'10'11" 42,19' S26'12'()?" "
C43 8.3.32' 49,00' 97'75'7Q" 73.64' <:rwlion1'E
C44 28.41' 59,00' 27'35'19" 28.14' 561'58'39"E
C45 23,56' 59,00' 22'1;"55" 23.41' 587'1?'41'[
C46 25.98' 59,00' 25'13'52" 25,77' S18'59'01"W
C47 25.27' 59,00' 74'.'1"22" 25,OB' . ~99'34;?8"W
C48 23,90' 59.00' ?3'12'41" 23,74' 505'41'51'w
C49 73.83' 49.00' "'1<'19'''0'' 67.04' "16"?5'30"[
C50 .33.32' 52.00' 36"42'.38" 32,75' 566' 34 '02" E
C51 8.43' 52.00' 9'17'74" 8.42' N70'25'51'-"
C52 3B,09' 52.00' 41'57'58" 37.24' !;J44'48'16" E
C53 17.91' 52.00' 1 Q' 43'S7" 17,82' N13'57'1 S"E
C54 9.47' 52.00' 10'26'03" 9.46' NOl'07'42"W
C55 26.55' 9300' 16'21'33" 26.46' N01-;;;0'04" F
C5B 4.3.32' 93.00' '6'41'09" 42,92' N2.3'21 '?5" E
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Exhibit 2
16 B 1'0
February 5, 2004
Patrick L. Utter
Collier Enterprises
3003 Tamiami Trail North
Naples, FL 34103
SUBJECT: Market Value Appraisal
Lely Canal
SW Quadrant of Tamiami Trl & Thomasson Dr
Naples, Collier County, FL 34113
Integra Southwest Florida File No. 152-2003-0383
Dear Mr. Utter:
Integra Realty Resources - Southwest Florida is pleased to transmit the summary report of a
complete appraisal of the referenced property. The purpose of this appraisal is to develop an
opinion of the retrospective market value of the Fee Simple estate of the property as of
November 9, 1986 and October 23,2002, the effective date of the appraisal.
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This report is intended to confonn to the reporting requirements for a summary appraisal
report set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional
Appraisal Practice (USPAP). As such, it presents only summary discussions of the data,
reasoning, and analyses that are used in the appraisal process. Supporting documentation
concerning the data, reasoning, and analyses is retained in our file, The depth of discussion
contained in this report is specific to the needs of the client and the intended use of the
appraisal as noted herein.
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As of the effective date(s) of appraisal, the parent tract is a vacant, unimproved tract of land
containing an area of 1,605.45 acres, zoned for agricultural uses. It is presently known as the
CDC PUDIDRI, and is located at the southwest quadrant of Tamiami Trail (US 41) and
Thomasson Drive. The specific parcels that are subject to this appraisal are 14.2 acres of
upland, 18.6 acres (15.5 acres of wetland and 3.1 acres of upland), and 13.9 upland acres of
the LeIy Canal; 9.68 upland acres, and 2.52 upland acres of the Le1y Manor Canal; 3.5
upland acres of the Avalon School Outfall; and 1.0 upland acre of the Fern Street Relief
System. These parcels collectively total 63.4 acres, of which 15.5 acres are wetland.
16810
Based on the analyses and conclusions in the accompanying report, and subject to the
definitions, assumptions, and limiting conditions expressed herein, it is our opinion that the
retrospective market values of the Fee Simple estate of the various properties was:
Lely Canal As Of November 9, 1986
14,3 Acres of Upland $286,000
18.6 Acres
3.1 Acres of Upland $62,000
15.5 Acres of Wetland $20,150
Lely Manor Canal As Of November 9, 1986
2.52 Acres of Upland 5:'50,400
A "alon School Outfall As Of November 9, 1986
3.5 Acres of Upland $70,000 C>
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Fern Street Relief System As OfNQvemher 9, 1986
1.0 Acre of Upland $20,000 H::=a
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LeIy Canal As Of October 23, 2002 t-c1I
13.9 Acres of Upland $556,000 Q
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9.68 Acres of Upland $387,200 (J"1
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The preceding value conclusion is subject to the following Extraordinary Assumptions and
Hypothetical Conditions:
1. We were not furnished a land survey for the areas subject to this appraisal, but were
provided land area estimates by the client. It is assumed that the land area estimates
are accurate. Integra Realty Resources - Southwest Florida reserves the right to
change our value conclusion, if warranted, upon receipt of any information that could
affect the value conclusion.
2. Values are based on two separate effective dates of appraisal: November 9, 1986, and
October 23, 2002. The conclusion of value is based on an analysis as if the subject
parcels are zoned agricultural, regardless of the current CDC PUD/DRI zoning
designation. These instructions are per the "Companion Agreement" between Collier
Development Corp. and the Board of Commissioners of Collier County, a copy of
which is contained in the addenda.
If you have any questions or comments, please contact the undersigned. Thank you for the
opportunity to be of service,
Respectfully submitted,
INTEGRA REALTY RESOURCES. SOUTH'VEST FLORIDA
Timothy P. Brennan
Florida State.Registered Trainee
Real Estate Appraiser Rl# 8836
Supervised by
Julian L.B. Stokes, MAl, eRE, CCIM
Florida State-Certified Genera]
Real Estate Appraiser RZ# 490
Julian L.B. Stokes, MAl, CRE, CCIM
Florida State-Certified General
Real Estate Appraiser RZ# 490
16810
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Exhibit 3
July 26, 2007
Ms, Valerie Pike
Assistant Project Director
Collier Enterprises
3003 North Tamiami Trail
Naples, FL 34103
SUBJECT: Market Value Appraisal
Sabal Bay - Easement Valuation
Tamiami Trail East
Naples, Collier County, Florida 34113
Client Reference Number:
Integra Southwest Florida File No. 152-2007-0223
Dear Ms. Pike:
Integra Realty Resources - Southwest Florida is pleased to submit an addendum to an appraisal
report and referenced by our reference number 152-2003-0383, The purpose of the appraisal
addendum is to develop an opinion of the market value of the the Sabal Bay development
project. The client for the assignment is Collier Enterprises, and the intended use is for asset
valuation purposes.
The appraisal is intended to conlonn with the Uniform Standards of Professional Appraisal
Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal
Practice of the Appraisal Institute,
Reference is made to the previously mentioned appraisal report, a copy of which may be found
attached.
16910
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Ms. Valerie Pike
Page 2
Based on the analyses and conclusions in the attached report, and subject to the definitions,
assumptions, and limiting conditions expressed therein, it is our opinion that the retrospective
market values of the Fee Simple estate of the various properties was:
Lely Canal As Of November 9,1986
14.3 Acres of Upland
18.6 Acres
3.1 Acres of Upland
15.5 Acres of Wetland
$286,000
$62,000
$20,150
Avalon School Outfall As Of November 9,1986
3.5 Acres of Upland
$70,000
Lely Canal As Of October 23, 2002
13.9 Acres of Upland
$556,000
The above market value(s) are of the fee simple estate and reflect the value of the entire
"bundle of rights". Comparing a servient estate's bundle of rights with and without the deeded
easements provides a means of quantifying the impact of the easement. The bundle of rights
is severable; its four major rights are possession, control, quiet enjoyment, and disposition,
Depending on the definition of property rights to be acquired and its intended use, one OJ' all
of the rights may be affected. In the case of a fee-simple acquisition, none (or 0%) of the
bundle of property rights are retained by the current owner (servient estate), and the
ownership of 100% of the property rights transfers to the new owner,
Relative to a less-than fee simple acquisition, that is, for a situation involving less~than 100%
property rights being transferred, as in the case of the "Proposed Easement(s)" it is necessary
for the appraisers to quantify the property rights. An approach to measuring the impact of an
easement is to look at the impact on the surface rights, subsurface rights, and air rights.
(!l) 2007 BV INTEGRA REALTY RESOURCES
16810
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16810
Ms. Valerie Pike
Page 3
In general terms, appraisal expel1s have traditionally allocated the easement rights between
these three areas as:
. Surface Rights: 50%
. Subsurface Rights: 25%
. Air Rights: 25%
It is our understanding that at the present time each of the areas proposed for conversion to
easement are owned in fee simple. The language set forth in the Dedication and Conveyance of
Easement states (Grantor hereby grants and conveys to Grantee a perpetual, non-exclusive
easement, license, and privilege for the purposes of clearing, excavating, construction and
maintaining a drainage canal (Existing Canal Area, Canal Expansion Area, Spreader Lake,
A valol1 School Outfall Canal) and a drainage canal relief system (Fern Street Relief System),
over, across, upon and through the described parcels), The Grantor and Grantor's successors and
assigns will retain the right to full use and enjoyment of the described parcels for all uses and
purposes not inconsistent with the rights conveyed to the Grantee, Grantor (Collier Land
Development, Inc, and CDC Land Investments, Inc,) will retain full responsibly for the
maintenance of these areas.
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The easements to be conveyed consist largely of a drainage canals, a spreader lake, and the Fern
Street Relief System. Considering the previously referenced traditional allocation of easement
rights, market derived paired sales analyses, and our own knowledge and experience, it is our
opinion the drainage easement consumes 90% of the acquisition area.
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@2007 BY INTEGRA REAL TV RESOURCES
Ms, Valerie Pike
Page 4
We determined the market value of the fee simple for these parcels based on $20,000 per upland
acre and $1,300 per wetland acre. Therefore the value of the easement areas would be based on
$18,000 per upland acre ($20,000 X .90) and $1,170 per wetland acre ($1,300 X 90%), This
results in the following value conclusion for the conveyance areas (only those areas addressed in
the attached appraisal I'epol't) ,
Lely Canal As Of November 9,1986
14.3 Acres of Upland
18.6 Acres
3,) Acres of Upland
15.5 Acres of Wetland
$257,400
$55,800
$18,135
A valon School Outfall As Of November 9, 1986
3,5 Acres of Upland
$63,000
Lely Canal As Of October 23, 2002
13.9 Acres orUpland
$500,400
If you have any questions 01' comments, please contact the undersigned. Thank you for the
oPPOItunity to be of service.
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Julian Stokes, MAl, CRE, CCIM
State Certified General REA # 490
@2007 BY INTEGRA REAL TV RESOURCES
1,6810
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16C
1.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
Print on pink paper. Attach to original documcllt. Original documents should be hand delivcred to the Board (Hike. Thc completed !'Outing slip and original
docllments are 1.0 be forwarded to the Board Onice only aftt'r the Hoard h:Js taken action on the Hem.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dutes, and/or information needed. If the document is already complete with the
exce tion of the Chaimlan's si nature, draw a line throu h routing lines # I throu h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCC approvul. Normally the primary contact is the person who creuted/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 otlice only after the BCC has acted to approve the
item.)
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was April 22, 2008 Agenda Item Number 16Cl
Approved by the BCC
Type of Document Executive Summary, Resolution and Number of Original 1
Attached Satisfaction of Liens ')h\~.....i\l 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 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 Bee's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 4/22/2008 enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
~v
'::Pc.
'J>c,
1)C
'::Dc...
1)C
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
l6t
1"
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and said Liens are satisfied in
full for the 1992, 1993, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services
Special Assessment. Fiscal impact is $88.50 to record the Satisfactions of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts
where the County has received payment in full for the 1992, 1993, 1994, 1995, and 1996 Solid
Waste Collection Services Special Assessment.
CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 20, 1994
provided for the recording of the list of 1992 delinquent solid waste collection and disposal services
special assessment and a mailing of a written notice of the imposition of each residential unit lien.
Resolution No. 94-668 was recorded on September 22, 1994 in Official Record Book 1986, Pages
766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain
residential properties for the 1992 Solid Waste Collection Services Special Assessments.
Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of
the list of 1993 delinquent solid waste collection and disposal services special assessment and a
mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694
was recorded on September 22,1994 in Official Record Book 1987, Pages 1514 through 1749 of
the Official Records of Collier County, Florida, which placed a lien on certain residential properties
for the 1993 Solid Waste Collection Services Special Assessment.
Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the
list of 1994 delinquent solid waste collection and disposal services special assessment and a
mailing of a written notice of the imposition of each residential unit lien. Resolution No, 95-475
was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of
the Official Records of Collier County, Florida, which placed a lien on certain residential properties
for the 1994 Solid Waste Collection Services Special Assessment.
Resolution No. 2000-236 adopted by the Board on August 1,2000 provided for the recording of the
list of 1995 delinquent solid waste collection and disposal services special assessment and a
mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236
was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the
Official Records of Collier County, Florida, which placed a lien on certain residential properties for
the 1995 Solid Waste Collection Services Special Assessment.
loG 1
Resolution No. 2000-237 adopted by the Board on August 1,2000 provided for the recording of the
list of 1996 delinquent solid waste collection and disposal services special assessment and a
mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237
was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the
Official Records of Collier County, Florida, which placed a lien on certain residential properties for
the 1996 Solid Waste Collection Services Special Assessment.
Collier County Ordinance No. 90-30, as amended, provides the Satisfactions of Lien shall be
approved by Resolution.
The attached Resolution lists the seven accounts that have paid in full for the 1992, 1993, 1994,
1995, and 1996 Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolutions is
approximately $88.50, which is to be charged to County Water/Sewer Operating Fund (408).
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with
these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution
approving the seven Satisfactions of Lien for the accounts listed in the Resolutions and authorizing
the Chairman to sign the seven Satisfactions of Lien for the 1992, 1993, 1994, 1995, and 1996
Solid Waste Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service.
RESOLUTION NO. 2008 - ~
16C
1
A RESOLUTION APPROVING SATISFACTIONS OF LIEN
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL
THE 1992, 1993, 1994, 1995, AND 1996 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS
bel ........ n ::0
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WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of "'" ~
County Commissioners on September 20, 1994 adopted Resolution No. 94-668 authorizing the
IXI
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recording of notices of liens for the delinquent solid waste collection and disposal services special g
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assessments for 1992; and
1993; and
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WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County
Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of
notices of liens for the delinquent solid waste collection and disposal services special assessments for
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County
Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of
notices of liens for the delinquent solid waste collection and disposal services special assessments for
1994; and
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County
Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of
.....
.-
1995 and
...,"'"
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... ...,.
>-4
-.....
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-
notices of liens for the delinquent solid waste collection and disposal services special assessments for
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of
-
....., 00
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c::> <::>
County Commissioners on August 1,2000 adopted Resolution No. 2000-237 authorizing the recording
of notices of liens for the delinquent solid waste collection and disposal services special assessments
for 1 996 and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve
by Resolution and record in the Official Records Satisfactions of Lien on all accounts that have been
paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended,
the Board recognizes full payment and receipt of the 1992, 1993, 1994, 1995, and 1996 Service Year
Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below,
subsequent to the adoption of Resolution No. 94-668, 94-694, 95-475, 2000-236, 2000-237,
whereupon liens have been recorded on real property pertaining to the accounts identified herein.
The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby
approved and the Chairman is hereby authorized to sign on behalf of the Board of County
*** OR: 4353 PG: 3400 ***
16C 1
Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien
individually in the official records of Collier County:
Account No. 2545 2891 2901 25551 27054 29654 137708
This Resolution adopted this ~ay of 11 p I( It., 2008, after motion,
second and majority vote.
At S 4$ to.~h41,
11 4wre .cM:l,. ..'
Approved as to form and
~~
Y David c. Weigel
County Attorney
..-)
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, LORIDA
"
BY:
TOM HENNING, CHAIRMA
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
*** 4157777 OR: 4353 PG: 3401 **~
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL
04/28/2008 at 08:10AM DWIGHT B. BROCK. CLERK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
EXT 7240
16C
l' ,I
Property Folio No. 68341560005
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
FLORES, LEOBARDO=& JO ANNE
41 MOON BAY ST
NAPLES FL 339610000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PORT AU PRINCE L T 41 + 43 OR 975 PG 691
Folio No.
PROJECT NO.
Account No.
68341560005
61000
137708
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this dd day of FJ 1'1</1...
2008.
~.: . l~ ,'f ~;,'l"h .~.1"
A ITEST:- :.
IGHt E "BRO ., CLERK
tDavid C. eigel
County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4157778 OR: 4353 PG: 3402 **
RECORDED in OFPICIAL RECORDS of COLLIER COUNTY. PL
04/28/2008 at 08:10AM DWIGHT E. BROCK. CLERK
RBC PHE 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTEROFFICB 4TH FLOOR
BIT 7240
16C 1
Property Folio No. 68341560005
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
FLORES, LEOBARDO=& JO ANNE
41 MOON BAY ST
NAPLES FL 339610000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PORT AU PRINCE LT 41 & 43 OR 975 PG 691
Folio No.
Project No.
Account No.
68341560005
63000
27054
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this~ Ol day of f1 PR I J.. , 2008.
.' .
A TTE13T:' '_
. WIGHT E. BJ'~OCT<, CLERK
~~~~t~'
and legal sufficiency
~
~/
j,..N David C. eigel
V Cou nty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, F IDA
By:
TO
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4157779 OR: 4353 PG: 3403 ***
RECORDED in OPPICIAL RECORDS of COLLIER COUH'Y, PL
04/28/2008 at 08:10AM DWIGHT B. BROCK, CLBRK
REC PBB 10.00
COPIES 1.00
Retn'
CLBRK TO THB BOARD
INTBROPPICB 4TH PLOOR
BXT 7240
16C 1~
Property Folio No: 00423720006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner
and holder of a certain Lien against:
MARKOVIC, JOSEPH P=& VIVIENNE
6143 WHITAKER RD
NAPLES FL 339620000
The Lien was recorded on the 14th day of September 1995, in Official
Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the
Circuit Court of Collier County, State of Florida. The Lien secures the principal
sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus
accrued interest and penalties, if any, and imposes certain obligations against
real property situated in Collier County, Florida, described as follows:
165026 W1/2 OF E1/2 OF SW1/4 OF NE1/4 OF NW1/4, LESS R/W +
E1/2 OF W1/2 OF SW1/4 OF NE1/4 OF NW1/4, LESS R/W OR 1142 PG
572
Folio No.
Project No.
Account No.
00423720006
64000
2545
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thisdd day of ,::}PR/J... ,2008.
'\. ~ .;t ~
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, FRIDA
By:
ature on 1 ~
Approved as to form
and legal iciency ~
TO
rDavid C. Igel
County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4157780 OR: 4353 PG: 3404 **
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
04/28/2008 at 08:10AM DWIGHT Eo BROCK, CLBRK
REC FBB 10.00
COPIES 1.00
Retn:
CLERK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 1240
16C l'
Property Folio No: 68341560005
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner
and holder of a certain Lien against:
FLORES, LEOBARDO=& JO ANNE
41 MOON BAY ST
NAPLES FL 339610000
The Lien was recorded on the 14th day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
PORT AU PRINCE L T 41 & 43 OR 975 PG 691
Folio No.
Project No.
Account No.
68341560005
64000
25551
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this 0l0l day of FJPI?JJ.. ,2008.
A1TE~T:
DWIGHT E. B ,OCt( CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FRIDA
By:
TO-
Approved as to form
and Ie al sufficiency ~
t1?avid C. I el
County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4157781 OR: 4353 PG: 3405 **~
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY. PL
04/28/2008 at 08:10AM DWIGHT B. BROCK. CLERK
REC PBE 10.00
COPIES 1,00
Retn:
CLERK TO THE BOARD
INTEROPPICB 4TH PLOOR
BXT 7240
16G 1
Property Folio No. 00423720006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
GLICK, HILDY
6143 WHITAKER RD
NAPLES FL 341122967
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
165026 W1/2 OF E1/2 OF SW1/4 OF NE1/4 OF NW1/4, LESS R/W
+ E1/2 OF W1/2 OF SW1/4 OF NE1I4 OF NW1/4, LESS RIW
Folio No.
Project No.
Account No.
00423720006
65000
2901
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board this~ day of f1 PRIJ..
2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, FRIDA
By:
TO
'"
Approved as to form
and legal sufficiency
~~~
County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4157782 OR: 4353 PG: 3406 **~
RECORDBD in OPPICIAL RECORDS of COLLIBR COUNTY, PL
04/28/2008 at 08:10AM DWIGHT B, BROCK. CLERK
REC PBE 10.00
COPIBS 1.00
Retn:
CLERK TO THE BOARD
INTEROFPICE 4TH PLOOR
BIT 7240
16C
1-
Property Folio No: 00423720006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
GLICK, HILDY
6143 WHITAKER RD
NAPLES FL 341122967
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
165026 W1/2 OF E1/2 OF SW1/4 OF NE1/4 OF NW1/4, LESS R/W
+ E1/2 OF W1/2 OF SW1/4 OF NE1/4 OF NW1/4, LESS R/W
Folio No.
Project No.
Account No.
00423720006
66000
2891
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~ day of f}PIUJ.. ,
2008.
;~'\
ATTEST:
IGHT E. aR
.-)
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, ORIDA
By:
"" ,., TOM
1~cMt~0
and legal sufficiency
~~
~
t<Davld. Igel
County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4157783 OR: 4353 PG: 3407 **~
RECORDED in OFPICIAL RECORDS of COLLIER COUNTY, FL
04/28/2008 at 08:10AM DWIGHT E. BROCK. CLERK
REC PBE 10.00
COPIES 1.00
Retn:
CLBRK TO THE BOARD
INTBROPFICB 4TH FLOOR
BXT 7240
16C
14f1
Property Folio No: 68341560005
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
FLORES, LEOBARDO=& JO ANNE
43 MOON BAY ST
NAPLES FL 341149403
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
PORT AU PRI NCE L T 41 + 43 OR 975 PG 691
Folio No.
Project No.
Accou nt No.
68341560005
66000
29654
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board this~ day of ftPI?IJ.. ,
2008.
.^
, .
ATTEST:,. '
. IGHT E. 8f{' CK', CLERK
160 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Onginal documcnts should be hand delivered to the Board Ol1lcc. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on thc item. J
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 #l 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 ~ lA e- 04/24/08
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary eontact is the holder of the originul document pending BCC upproval. 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 ubove, 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 ol1lce 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
Gail Hambright
Phone Number
252-2966
16- D-I
2
Yes
(Initial)
CMG
N/A (Not
A licable)
April 22, 2008
Agenda Item Number
N/A
CMG
CMG
N/A
CMG
Resolution opposing access to Federal Sand
Sour e off Coast of Sanibel Island
. -:?jJO -I
Number of Original
Documents Attached
CMG
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.0304, Revised 1.26.05, Revised 2.24.05
(<matter _ numbeml <<doeument_ nu mbem
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 rcviewcd and signed by the Office of the
eounty 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 elerk 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 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 04/22/08 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 Iicable.
Please return an executed ori inal to Gail Hambri ht
2.
3.
4.
5.
6.
7.
160 1~
MEMORANDUM
Date:
April 28, 2008
To:
Gail Hambright
Tourist Tax Coordinator
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-112: Formally opposed to allowing access to
a sand source off the coast of Sanibel Island to an counties
other than those adjacent to Sanibel, Specifically Collier and
Lee Counties
Attached, find please find one (1) original Resolution as referenced above,
(Agenda Item #16Dl), adopted by the Board of County Commissioners on
Tuesday, April 22, 2008.
If you have any questions, please call 252-7240.
Thank you,
Attachments (1)
160
1
1
RESOLUTION 08- ~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
FORMALLY OPPOSE ALLOWING ACCESS TO A FEDERAL
SAND SOURCE OFF THE COAST OF SANIBEL ISLAND TO
ANY COUNTIES OTHER THAN THOSE COUNTIES
ADJACENT TO SANIBEL ISLAND, SPECIFICALLY
COLLIER AND LEE COUNTIES.
WHEREAS, the Board of County Commissioners of Collier County has spent over two-
million dollars to identify and develop a federal sand source for beach quality sand off the coast
of Sanibel Island; and
WHEREAS, section 161.144, Fla. Stat., 2007, provides that the Legislature recognizes
that beach-quality sand for the nourishment of the state's critically eroded beaches is an
exhaustible resource, in ever-decreasing supply, and must be carefully managed for the
systemwide benefit of the state's beaches; and
WHEREAS, section 161.144, Fla. Stat., further provides that boards of county
commissioners of coastal counties adjacent to sand sources proposed for use outside of the
region or subregion shall be provided written notice by the department and an opportunity to
comment during a specific project's planning and permitting stages; and
WHEREAS, the Board of County Commissioners of Collier County has received written
notice that Broward County has started work on a regional study of sand sources in federal
waters; and
WHEREAS, the Board of County Commissioners is strongly opposed to allowing any
counties other than adjacent counties, specifically Collier and Lee Counties, access to the federal
sand source off the coast of Sanibel Island; and
WHEREAS, the Board of County Commissioners seeks to protect its two-million dollar
investment into this federal sand source to the greatest extent possible and provide its objection
as authorized by section 161.144, Fla. Stat.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
Collier County strongly opposes any counties, other than Collier and Lee Counties,
gaining access to the federal sand source off the coast of Sanibel Island. Collier County
respectfully requests that the Florida Department of Environmental Protection recognize Collier
County's significant investment into developing this sand source and help Collier County protect
its investment by only allowing access to adjacent counties.
160 1
FEDERAL SAND SOURCE
Page 2 of2
This Resolution adopted after motion, second and majority vote.
Done this J..-;)... day of 0pti.J :J.ocfi5
.. . t. ;''f.
A TrEST: .'
DWIGHT E:BR ..
. -
lb'~t~~.asOlbl~
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COW?/mUNTb
By: ~
TO . NiNG, HAIRMAN
C~rn~
Colleen M. Greene,
Assistant County Attorney
07-COP-01302/7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 'J, "
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. f'~ J-
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN1TURE '-rV
Print on pink paper. Attach to original document. Original documcnts should be hand dclivered to the Board Offiee. The completed routing slip and original
doeuments are to be forwarded to the Board Ofllce 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 eomplete with the
exception of the Chairman's signature, draw a line throu2h routin2lines # 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 "11- L( I Z~
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 BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to eontact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 04/22/2008 Agenda Item Number ]6D- 2-
Approved by the BCC
Type of Document Impact Fee Deferral Agreement Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the eounty 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 eounty Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BeC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 04/22/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
:tI-
Y-L
7L
7::f-L
*
nla
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.0304, Revised 1.26.05, Revised 2.24.05
~,.,,,"'."~_._-,---,'" "-~--""~"""'<'''''''''''''''''''''_'''''M''''''"fI.''''""""""".."',....,.,.,"'""_..nl..,."".""_';,.n~".""",..',..,,,....."...,.",..~;''',''''''_'''''''"'~I,nt_,_h_'''!...'''...tl1t''"__..:____..'lI_;'"""""''''"''"'''''''''''''''''"~'';.''''''''''''''~_;'''___''__'_'"''__'''..__,.___~,..._
Return to
4156638 OR: 4353 PG: 0055
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
04/24/2008 at 10:56AM DWIGHT E. BROCK, CLERK
REC FEE 27.00
'.
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
Retn:
HOUSING & HUMAN SVCS
ATTNi FRANK RAMSEY
INTEROFFICE 403 2336
File# 08-160- IF
This space for recordin~.
160 J:./
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this aO~\'\day of March, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Andres Mateo and Maria Mateo"
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Forty Two and 46/100 Dollars ($12,442.46). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
~
OR:; 435~P~: ~56 /
i JbUor
may, at its sole option, collect the impact fee amount in default as set torth 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'-:,i.!\'J . ,S0 4!tJo ',..'.
D~W)I'r~~iBR6t:K,:Q1~rk
" k/~i!!,r, ". '~~~ \";
'.",;.r,'.'--,,,:,,,l ;,~ . ""1 ' ,,-_.:
. t ---;, .' .'
'. " '.>~, , .
By" t"','" i '"
Attest;;~.:t.b\lCfta)~,'
s1gnatu"., .()tl'l~ ','t.>""""
Sly j(\ ,j.\
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, LORIDA,
By:
Witnesses: , I
'-rY\~ Q..L.J~
Print Name M(l~4.. 14\"ta.l'cui~
OWNER:
l1J1dfL~ ~c\
Andres Mateo
~
OWNER:
~trx 1-- /t1 P--Ro
Marla ateo
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregoing Agreement was acknowledged before me this..J. J day o~ ~ ,
b~~ .! <.#t~ ~.o who is personally known to me (;';1las produced
, as proof of identity.
ill-
OT ARIAL SEAL]
.p..""~ VIRGINIA CANTU
~~ MY COMMISSION # DDS9442S
~OF,..d' EXPIRES: Sqnamer 12.2010
1~CJ0.3'NOTAAY Fl. NOIaIy Discount Assoo. Co.
ure of Person Taking Acknowledgment
Appr ved as to form
and I g cy:
\ \
I:
L~
ounty Attorney
arcy Krumbine, A
Director
Collier County Housing and Human Services
*** OR: 4353 PG: 0057 ***
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 107, 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
3651 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
TOTAL IMP ACT FEES
JAK Approved _L,j_
'!JI 6 0 I)';"
~i "tJ-
Amount Owed
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.46
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO " 3
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
. fth Ch . ,. d ' r th h . r #1 th gh #4 I th h kr d f< d S n O' #5)
exceptIOn 0 e aIrman s Signature, raw a me roug routing mes rou , complete e c ec 1St, an orwar to ue I son me
Route to Addressee(s) Office Initials Date
(List in routing order)
1.Frank Ramsey Housing and Human Service 7? \{12-~
,
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 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
infomlation. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager
Omtact
Agenda Date Item was 04/22/2008
Ap roved by the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Impact Fee Deferral Agreement
Number of Original
Documents Attached
252-2336
16D - ~
Yes
(Initial)
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column.or mark "N/A" in the Not Applicable column, whichever is
a ro 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 tthe 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 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 with,in a certain
tim~ frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 04/22/2008 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.
7t-
~
-pt
"f/-
n
n/a
2.
3.
4.
5.
6.
~
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4156639 OR: 4353 PG: 0058
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
04/24/2008 at 10:56AK DWIGHT B. BROCK, CLBRK
RBe FBB 27.00
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
Retn:
HOUSING & HUKAN sves
ATTN; FRANK RAKSBY
INTBROFFICE 403 2336
File# 08-158-IF
This space for recording
1603
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 March, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Ritha Mercure" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Forty Two and 46/100 Dollars ($12.442.46). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4353 or.: ,0059
, 16D~
may, at its sole option, collect the impact fee amount in default as set fokh 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.
I
" .,..;~)
'11
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Witnesses: _ I
'-fY\~ (llu~
Print Name ~ll~ -A. \.\I~I'~
~
- '---ame ~~~
STATE OF FLORIDA)
COUNTY OF COLLIER)
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA,
By:
OWNER:
~ ~~~~
Ritha Mercure
OWNER:
-----"
2008,
flre;(o.r~g~ing Agreement was acknowledged before me thi~ 1 day of'-l11 a.., el ,
by -.tS t. 'Cl.6.---I'Yl OA~ , who is personally known to me or has produced
as proof of identity.
[NOTARIAL SEAL]
c
of Person Taking Acknowledgment
Recommend Approval:
ld~~
Director
Collier County Housing and Human Services
*** OR: 4353 PG: 0060 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 41, 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
3688 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
TOTAL IMP ACT FEES
JAK Approved -.J -.J_
16D3
~t~;
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 SL~
'..,. .. TO ACCOMPANY ALL. ORIGINAL DOCUl\1ENTS SENT TO 6 D
. THE BOARD OF COUNTY COMl\1ISSIONERS OFFICE FOR SIGNA
, Print on pink paper. Att1ch to original ~"'I': OrigiIlal ti()MIm....~ 3iIculd be !wid de!ivered to the Board Office. 'l'hc-complctl:d maciDg slip and original
tf",.".,.,,,,,~ axe to bc.fixwarded.to the BoardOfficc,on1yatferthe.Boardhas aUa:l1.acrioD.OIl the item.) . .' ., ..
,;" ..' .", , . ,ROUTING SLIP . ,.,::~.. ~:',' ,
" ,.CampI.cteroating lil:u::s 11 tfIroagh#4 as zppropdaa: furadditicaa1 sill''''''''''''', dates. andIoriDfamwiOllllecdcd..1fthe~....tis airc&dycamplcte with the'
" tiCll of"the ~'s . draw a line throu rculin.tin= #1 tfIrou #4. !em the c:hec:k1ist; and forward to SI1e' FilsaIl (line I#S). '
.. :.:
Route to Addressee(s) . Office Initials .' ,Date
(I.istinmatin order)" , "::."".. ';. ,
1.
4
2.
.. ..
3.
4,
5.' Sue FIlson, Executive Manager
Board. of County Commissioners
~
6. Minutes and Records
Clerk of Court's Office
pRIJ.\I.[,A,Ry CONTACT' INFORMATION
('I'he primary COIlt:ICt is the holder of the origiDal dcc:umeDl: peDding Bce approvaJ. NonimJ1y the primary CCDCIl:t is the p=an who =redIprepared the executive
summary. Primary CCDCICt iDfomwian is I1Cl:dcd in the event oae of the addressees above. including Sue Filson. IIecd to c:pnCll:t staff' fur addidODa! or missing
iDfannalioa. All origiDaL dcc:uxm:nlS needing rile Bee OIainmD's sigzmllW:e to be delivered to the Bee office only a1il:r the BCe has aCll:d to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A ved b the BCC
Type of Document
Attached
I~~
~..l~~()
Le A.I-JL
Phone Number
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Y cs column or mark '"NI A" in the Not Applicable coll11I1I1. whichever is
. "
Ycs
(Initial)
N/A (Not
1icable)
1., Original tfor.nm~ has been signedfmitialed fer legal sUfficiency. (All documents to be
signed by the, Chairman, with the exception of most letters; must be reviewed and signed
tiy the Office of the County AtrDmey. This includes signature pages from ordinances.
resolutions. etc. signed by the Coopty ~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 1 State Officials.)
2. All handwritten.strike-tbrougl1 and revisions have been initialed by the County Aftorncy.' s
Office and all other artics t the BCC Chai:nnan and the CIe:rk to the Board
3. The Chainpn's sigmiturc line date has been entered as the date ofBCe approval of the
document or the final ne dated contract date whichever is 1icable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman' s
si' and initials are '
5. In. most Cascs (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 ofBCe approval
Some doC1\1D1"'nts are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be a f our deadlincs!
6. The docmnent was approved by the BCe OD L (j (enter date) and aU changes
made cinrlng the meeting have been incorporated in the attached docnment. The
Coon Attorn's Office has reviewed the es, if a liable.
rtb,
~)A
r: ForrzW County FonmI Bce ForrzW Original ~ Row:ingSlip WWS Origina! 9.03.04. Revised 1.26.05. Revised 2.24.05
16D 4
MEMORANDUM
Date:
May 7, 2008
To:
Michael Dowling, Property Management Specialist
Real Estate Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Lease Agreement:
Between Collier County &
Goodwill Industries of Southwest Florida, Inc.
Attached for your records, please find a copy of the document referenced
above (Agenda Item #16D4) approved by the Board of County
Commissioners on Tuesday, April 22, 2008.
The Minutes and Records Department has the original agreement, where it will
be kept as part of the Board's permanent record.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachments (l)
..'
LEASE AGREEMENT
16D
4
_ ')d. IJ:> '
THIS LEASE AGREEMENT entered into thiso<_ day of 1t?l:.~.J L , 2008, between
Goodwill Industries of Southwest Florida, Inc., a not for profit Florida corporation, whose mailing address
is 4940 Bayline Drive, North Fort Myers, Florida 33917, hereinafter referred to as "LESSOR," and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East
Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE."
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE 1.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately
Three Thousand Three Hundred (3,300) square feet of unfurnished office space located at 907 Roberts
Avenue, Immokalee. Florida 34142, hereinafter referred to as the "Demised Premises", for the sole
purpose of operating a government office.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for one (1) year commencing January I, 2008
and terminating on December 31,2008.
LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to
renew same for three (3) additional terms of one (1) year each, under the terms and conditions as provided
herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30)
days prior to the expiration of the leasehold estate hereby created or the one (l)year renewal period then
in effect. Said notice period shall commence upon placement of, the written notice in 3....'1 official
depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid.
LESSEE may terminate this Lease, with or without cause, upon thirty (30) days prior written notice
to the other party, without payment of rent after the thirty (30) day period, costs, or penalty by the County.
Said notice shall sent be to the addresses as set forth in this Lease Agreement and shall become effective
upon placement of said notice in an official depository of the United States Post Office, Registered or
Certified Mail, postage prepaid.
ARTICLE 3.
Rent and Other Charges
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of
One Thousand Dollars ($1,000.00) monthly. Following the end of the first full year of tenancy, the annual
rental amount shall increase by four (4) percent for each ensuing year thereafter and any renewal terms
thereof.
LESSOR shall pay all charges pertaining to LESSEE'S use of the Demised Premises to include
air-conditioning and plumbing systems, all utility charges for electricity, water, sewer, telephone, pest
control and janitorial services.
All rental payments shall be due payable in advance on the first day of every calendar month
during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the
month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the
number of rental days of such fractional month.
ARTICLE 4.
Modifications to Demised Premises
Prior to making any other changes, alterations, additions or improvements to the Demised
Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements,
changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the
nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated
starting and completion time for such project. LESSOR or its designee will then have thirty (30) days
160 4
.
within which to approve or deny in writing said request for changes, improvements, alterations or
additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations,
improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no
response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an
approval to such request of LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County
of Collier, and any and all governmental agencies.
All alterations, improvements, and additions to said Demised Premises installed by LESSEE shall
remain the property of LESSEE and prior to the termination of this Lease or any renewal term thereof, or
within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements,
alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE,
and repair any damage occasioned to the Demised Premises by such removal of said alterations,
improvements, and additions. If LESSEE does not remove those items designated by LESSOR, LESSOR
may complete said removals and repairs at LESSEE'S expense.
ARTICLE 5.
Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to permit any other persons to occupy same without the written consent of
LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve
LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep
and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other
person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the
assignment of this Lease or subletting of the Demised Premises. However, LESSEE shall be permitted,
without notice to LESSOR, to utilize the Demised Premises for any other Department within the
jurisdiction of the LESSEE if the Demised Premises shall no longer be needed by the Department
intended for this Lease.
ARTICLE 6.
Insurance
The LESSEE will at all times carry comprehensive general liability insurance to include bodily
injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single
occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE.
ARTICLE 7.
Maintenance
LESSEE shall keep the Demised Premises clean at all times. If said Demised Premises are not
kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective
action is not taken within thirty (30) days of receipt of such notice, LESSOR will cause the same to be
cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall
constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written
notice of costs incurred by LESSOR.
ARTICLE 8.
Default by Lessee
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default, and LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to
LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably
required to correct such default).
ARTICLE 9.
Default by Lessor
LESSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days
(or such additional time as is reasonably required to correct such default) after notice to LESSOR by
LESSEE properly specifying wherein LESSOR has failed to perform any such obligations.
2
, .
16D 4
ARTICLE 10. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSEE:
Real Property Management
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSOR:
Goodwill Industries of Southwest Florida, Inc.
4940 Bayline Drive
Fort Myers, Florida 33917
(Attention: Bob Haenggi, VP Development Services
Attn: Office of the County Attorney
ARTICLE 11. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of this Lease, or its earlier termination as herein provided, in as good condition
and repair as the same shall be at the commencement of the term of this Lease or may have been put by
LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the
elements excepted.
ARTICLE 12. General Provisions
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S
standard operations where other operations share common facilities.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part
thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public
authority.
ARTICLE 13. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from Collier County Public Health Department.
ARTICLE 14. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 15. Governing Law
This Lease Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~
BY: ,,-
TOM HE ING, hairman
3
, ~..
160 4
AS TO THE LESSOR:
DATED: S-////)~
, ,
GOODWILL INDUSTRIES OF SOUTHWEST,
FLORIDA, INC., a not for profit Florida corporation
~~
WITNESS (signature)
~Gv/HJ~
Print Name
BY:
~7>~
/~""r ~, ~e-uv/.,
(print name and title of offi~ '
~L-I-
~x~
WITNESS..6igna~)
~4 ,J,IA~'
Print Name
Approved as to form and legal sufficiency:
4
~j
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
,.
i
,iiI f
,'l'.>ilhli I
,) ; 1 ~ \ '_: !
~'ti\;d '-!l(l ~i~;d
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"li'
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 ofthe Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. ,
\
2.
3. i
i
i
i
4. :
\y
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 addrcssees 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
Contact
Agenda Date Item was
A roved b the Bec
Type of Document
Attached
Phone Number
)
~\
Agenda Item Number
Number of Original
Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BeC on I . ; (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
N/A is not
an option for
line 6.
Yes
(Initial)
N/A (Not
A licable)
2.
..,
J,
4.
5.
6.
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16D 5
MEMORANDUM
Date:
April 24, 2008
To:
Tona Nelson
Sr. Administration Assistant
Parks & Rec. Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Food Grant
Enclosed please find two recorded copies of the above mentioned items
(Agenda Items #16D5), which were approved by the Board of County
Commissioners on Tuesday, April 22, 2008.
Please forward on for all signatures and return a fully executed original
document for the BCC Official record to the Minutes and Records
Department.
If you have any questions, please call me at 252-7240.
Thank you.
Enclosures (2)
16D 5
EXECUTIVE SUMMARY
Recommendation to approve the Summer Food Service Program Grant in
the Amount of $588,400 for FY 2008
Obiective: To provide free nutritious meals during the summer to Collier County
children living in disadvantaged neighborhoods.
Considerations: The Summer Food Service Program is a grant funded by the United
States Department of Agriculture Food and Nutrition Service and administered by the
Florida Department of Education. The first application was approved by the State and
BCC in 1982. From 1983 going forward the only requirement is that the BCC enter into a
contract with the state of Florida to be an administrator of the Summer Food Service
Program. The purpose of the program is to ensure that children can receive the same high
quality meals during the summer as provided by the schools during the school year. The
grant reimburses agencies that serve free meals to children eighteen years and under in
neighborhoods that qualify. Neighborhood eligibility is determined by census income
data or by the percentage of children who receive free and reduced meal service during
the school year. All of Immokalee and Everglades City and many neighborhoods in the
Naples area are eligible.
Staff has successfully administered the Summer Food Service Program for the past
twenty-six years in conjunction with the summer camp program. In 2007 the grant
provided 85,676 breakfasts and 115,575 lunches for a total reimbursement of $479,123.
This summer the program will provide an estimated 100,000 breakfasts and 140,000
lunches. School personnel prepare and deliver the lunches under the supervision of
County staff. The County will be reimbursed based on the number of meals served and
the costs of administering the program.
Fiscal Impact: The program is budgeted under the FY 07 Food Grant Fund in the
amount of$588,400. The State will reimburse the County for 100% of expenses.
Growth Manaaement Impact: No Growth Management Impact is associated with
this action.
Recommendation: Staff recommends that the Board of County Commissioners
approves the Summer Food Service Program grant and authorizes the chairman to sign
the attached agreement.
Prepared by: Berry Williams, Director, Parks and Recreation Department
16D 5
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP~ ',' J.
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ' 160 ~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATuft ",',
Print on pink I1aper. Attach toorrginal document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded t6 theBoard 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 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 routin order
I.Frank Ramsey
Housing and Human Service
tf/~">
'~
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 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 aftertheBCC has acted to approve the
item.) .
Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 04/22/2008~.,..
A roved by the BCC .
Type of Document
Attached
Agenda Item Number
16D-h
Impact Fee Deferral Agreement
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 rnost 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 parties 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
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 inthe BCC office within 24 hours ofBCC approval.
S!,)me 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 theBCC on 04/22/2008 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.
7ft--
Yes
(Initial)
N/A (Not
A licable)
~
3.
nla
2.
4~
5.
7L
6.
I: Forms/ County Forms/ BeC Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24.05
Return to
4156637 OR: 4353 PG: 0052
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
04/24/2008 at 10:56AM DWIGHT B. BROCK, CLBRK
RBC FBB 27.00
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
Retn:
HOUSING & HUKAN SVCS
ATTNi FRANK RAKSBY
INTBROFFICB 403 2336
File# 08-162-IF
~
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This space for recording
16D~
~,,~.,
-,,":.ll.
'~-
This Agreement is entered into this~day of March, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Carmeta Prime" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Forty Two and 46/100 Dollars ($12.442.46). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
, .,
OR: 4353 PG: 0053
may, at its sole option, collect the impact fee amount in default as set forth lWe,
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.
"', "'i"', B-1J ~iPO
.....,,~.:~,..""'.,. i
Attest,,..,;>,.....,' (J.."
,;p, ".'...., ' ',' ,~ '
DWI&H:r .;p:{.~.~9~CK,.:~le~k
~', "~;;; '~;;~""'i J~' ~ '
.': ~
B .,'''."
, y.:: (.
Attest a" '1t().CMfnJ4~
signature onl'''' ,1"
By:
~~ Otv~
Print Name t-1aar"#t4. ~t"a.l'a.do
OWNER:
Py~~ C~_X'l1A-~
Carmeta Prime
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
reement was acknowledged before me this~ I day of r....W/dA d ,
(J.:. , who is personally known to me or has produced
as proof of identity.
OT ARIAL SEAL]
~~ VIRGINIA CANTU
~ MY COMMISSION # 00594425
~OF~ ,EXPIRES: SeptaOOer 12. 2010
1.aoo.J.NOTARY FI. NoIaIyDisCQwAssoc. Co.
Recommend Appro al:
~----.I
*** OR: 4353 PG: 0054 ***
EXHIBIT" A"
LEGAL DESCRIPTION
I
Lot 110, 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
3663 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
TOTAL IMP ACT FEES
JAK Approved --.! --.!_
)" 6 Olp "~,'~!~
. '"':" .'W:lF':
.
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
OR~~I~~~O~~~~:1i~~~:~it;~~~:E~~s~i~~;~T 6 01
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, imd/or information needed. If the document is already complete with the
exce tion 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.Frank Ramsey'
(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 Frank Ramsey, Housing Manager
Contact
Agenda Date Item was ,04/22/2008
A roved by the BCC
Type of Document
. Attached
Housing and Human Service
2. Chairman Tom Henning
BCC
ir~:.~,.,;;~.,
~,~
#-..
'i/'Z 3
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
252-2336
16D -:r-
1
Yes
(Initial)
N/A (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
~
ifi-
'#-
~
YI-
n/a
PRlMARY,CONTACT INFORMATION
Phone Number
Agenda Item Number
Impact Fee Deferral Agreement
Number of Original
Documents Attached
1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been 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 c;ounty Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed,by all parties except the Bce
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the Comity Attorney's
Office lind 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 fmal negotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si ature and initilils are te uired.
In most cases (some contracts are an exception), the original document aJ1dthis routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents aretime sensitive aJ1d require forwarding to Tallahassee within a certain
time frame or theBCC's actions are nullified. Be aware ofybur deadlines!
The document was approved by the BCC on 04/22/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
Return to
4156635 OR: 4353 PG: 0046
RECORDED in OPPICIAL RBCORDS of COLLIER COUNTY, PL
04/24/2008 at 10:56AM DWIGHT Bo BROCK, CLERK
REC PEE 27.00
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples. Florida 34112
Retn:
HOUSING & HUMAN SVCS
ATTN; PRANK RAKSBY
INTEROPFICB 403 2336
File# 08-174-IF
,
This space for recordirlg
1601
.,,,ili/ ..
. r,).t
. ~A,"
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
.-rfV\
This Agreement is entered into this J- day of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Kristy Brodbeck" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Four
Hundred Eleven and 94/100 Dollars ($19,411.94). 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: 4353 PG: 0047
tW,
may, at its sole option, collect the impact fee amount in defanll as set{pJl:br:';;~e,
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: _.A. ",'
Atttst-8$ ~'jChar . ," _ J' .
s fgnature Qn.J~ ,."':' .s....;'
" & tdf''''
,,'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
OWNER:
11 JPAccilie ~
Kristy Brodbeck
OWNER:
Witne~ 17
, '71~ ltc.1A/
Print Name L i-SGl.. rv. CA yr
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~day of t\oe-; f ,
2008, by /(ri:5;fi BrnJbec.,k. ' , who is person~lly ~own to me or has produced
FLol"i 4 ~ 1)nlle.v L?Lel'\..s~ as proof of IdentIty.
~ Yl. r~
Signatur of Person Taking Acknowledgment
Approved as to form
and legal sufficiency:
Recommend App.roval:
/~y~k ~
Director
Collier County Housing and Human Services
~Jeffre . latzkow
Chief A stant County Attorney
*** OR: 4353 PG: 0048 ***
EXHIBIT" A"
LEGAL DESCRIPTION
1601
\ '
~;'.."; ':Il:>it.'
Unit 1403, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43,
Pages 46 through 54 of the Public Records of Collier County, Florida
9055 Gervais Circle #1403, 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
1. Law Enforcement Impact Fee
J. Water System Impact Fee
K. Sewer System Impact Fee
$112.04
$90.11
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
$19,411.94
TOTAL IMPACT FEES
JAK Approved ~~_
J
GINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
OARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. ttac 0 original document. Original docinnents should be hand delivered to the Board Office. The completed routing slip and original
documents are to b orw ded 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 Chairman's si ature, draw a line throu h routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in routin order)
1. Terri Daniels
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Terri Daniels
Contact
Agenda DateItem was April 22, 2008
A roved b the BCC
Type of Document
Attached
Housing and Human Services
Dept.
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
Agreement - OAA 203.08 Amendment
#001
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other 'arties exce t the BCC, Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. B war our deadlines!
6. The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorpora ed i the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
16D8
08/22/08
732-2689
16D8
3
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16D8
MEMORANDUM
Date:
August 26, 2008
To:
Terri Daniels, Grants Supervisor
Human Services Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Agreement - OAA 203.08 Amendment #001
Attached, please find three (3) original agreements as referenced
above (Agenda Item #16D8), approved by the Board of County
Commissioners on Tuesday, April 22, 2008.
Please return a fully executed original back to the Minutes and
Records Department once all signatures have been recieved,
which will be kept as part of the Board's permanent records.
If you should have any questions, please call 252-8411.
Thank you.
Attachments (3)
Amendment #001
16D8
Contract No. OM 203.08
STANDARD CONTRACT
Collier County Housing and Human Services
THIS CONTRACT is entered into between the Area Agency on Aging for Southwest
Florida, Inc., hereinafter referred to as the "agency", and the Collier County Housing and
Human Services, hereinafter referred to as the "recipient." This contract is subject to all
provisions contained in the MASTER CONTRACT executed between the agency and the
recipient, Contract No. 203M. 1 08, and its successors, incorporated herein by reference.
The purpose of this amendment is to:
1. Increase contract amount adding Titles IIIB and IIIE services.
2. Revise Rate Summary, Attachment III.
3. Include the Budget Summary, Attachment IV.
Section II, paragraph A and C are hereby revised to read:
A. Contract Amount:
To pay for services according to the conditions of ATTACHMENT I in an
amount not to exceed $749.116.00, subject to the availability of funds.
C. Source of Funds:
The costs of services paid under any other contract or from any other source are
not eligible for reimbursement under this contract. The funds awarded to the
recipient pursuant to this contract are in the state grants and aids appropriations
and consist ofthe following:
Older Americans Act Title llIB
Lead Agency Services
Support Services
Title ill Cl Congregate Meals
Spending Authority
Title III C2 Home Delivered
Meals -Spending Authority
Older Americans Act Title HIE
Supplement Services
Grandparent Services
2008 U.S. Health and Human
Services
93.044
2008 U.S. Health and Human
Services
2008 U.S. Health and Human
Services
2008 U.S. Health and Human
Services
93.045
$96,000.00
$138,000.00
$211,750.00
93.045
$235,386.00
$44,803.00
$20,793.00
$2,384.00
,lliill~KQlii
93.052
NOTE: Lead Agency allocation includes Case Aide, Case Management, Intake,
Screening! Assessment, and Transportation.
Attachment I, Section II., paragraph A is hereby revised to read:
A. Manner of Service Provision:
1
Amendment #001
16D8
Contract No. OM 203.08
,
Any of the following services funded pursuant to this agreement may be
provided in a manner consistent with the recipient's service provider application
for fiscal years 2008-2010, and any revisions approved in writing by the agency;
and in accordance with the Older Americans Act, Title III, sections 321, 331,
336,361 and 373 as amended in 2006.
Section 321 Supportive Services:
· Adult day care/adult day health care
· Caregiver training/support
· Case management/case aide
· Chore
· Companionship
· Counseling (including gerontological and mental health)
· Information
· Education and training
· Emergency alert response
· Escort
· Health support (including exercise)
· Home health aide
· Homemaker
· Housing improvement
· Information
· Intake
· Interpreter/language translation
· Legal assistance
· Material Aid
· Occupational therapy
· Outreach
· Personal care
· Physical therapy
· Recreation
· Referral/assistance
· Respite (including in-home and facility based)
· Screening/assessment
· Shopping assistance
· Skilled nursing
· Specialized Medical Equipment, Services and Supplies
· Speech therapy
· Telephone reassurance
· Transportation
Section 331 Congregate Nutrition Projects:
· Congregate meals screening
· Congregate meals
· Nutrition education and counseling
Section 336 Home Delivered Nutrition Services:
· Home delivered meals
· Nutrition education and counseling
2
16D8
Amendment #001
Contract No. OAA 203.08
Section 373 Caregiver Support Services for (1) family caregivers; (2) grandparents and older
individuals who are relative caregivers shall include:
· Assistance to caregivers in gaining access to services
· Information to caregivers about available services
· Counseling, organization of support groups, and caregiver training in the areas of
health,
nutrition and financial literacy.
· Respite care
· Supplemental services as available to complement the care provided by caregivers.
The recipient agrees to perform the services of this contract in accordance with all
federal, state, and local laws, rules, regulations and policies that pertain to Older
Americans Act funds, as well as the current Department of Elder Affairs Home and
Community-Based Services Handbook and the Department of Health and Human
Services, Office of Assistant Secretary, Administration on Aging, current Program
Instruction, AoA - PI -01-02.
Attachment I, Section III, paragraph D is hereby revised to read:
D. The recipient agrees to implement the services and rates and the distribution of
funds as detailed in the Rate and Budget Summaries, Attachment III and
Attachment IV, of this contract. Any changes in the amounts identified on the
Rate and/or Budget Summaries require a contract amendment.
This amendment shall be effective on January 1,2008. All provisions in the contract and
any Attachments thereto in conflict with this amendment shall be hereby changed to
conform with this amendment.
All provisions not in conflict with this amendment are still in effect and are to be
performed at the level specified in the contract and the Master Agreement.
This amendment and all its attachments are herby made a part of the agreement.
3
Amendment #001
Contract No. OAA 20!O~ D 8
IN WITNESS THEREOF, the parties hereto have caused this 1 page amendment to be
executed by their undersigned officials as duly authorized.
WITNESS:
[Print Name]
[Print Name]
FEDERAL ill NUMBER: 59-6000558
FISCAL YEAR-END DATE: 09/30/08
COLLIER COUNTY HOUSING AND
HUMAN SERVICES
BY:
BOARD OF
COLLIER
D~e: April 22, 2008
AREA AGENCY ON AGING FOR
SOUTHWEST
FLORIDA, INC.
By:
ROBERT E. JOHNSON, Board President
.. . . .. . .
Date:A.,p~j.,l 22, ~008
4
Amendment #001
16na
Contract No. OAA 203t'8 '
ATTACHMENT III
OLDER AMERICANS ACT PROGRAM
RATE SUMMARY
RECIPIENT: Collier County Housing and Human Services
Services
Intake
Total Cost Reimbursement Rate
$27.78 $25.00
$50.00 $45.00
$27.78 $25.00
$50.00 $45.00
100% of Cost 90% of Cost
IIIB
Case Aide
Case Management
Screerring/Assessment
Transportation
IIIE
Outreach
$58.89
$53.00
Respite-Day Care
$11.12
$10.00
Screerring/Assessment
$50.00
$45.00
C-l
Congregate Meals
$9.86
$8.87
Nutrition Counseling
$58.89
$53.00
Nutrition Education
$1.80
$1.62
Nutrition Screening
$31.12
$28.00
Outreach
$31.12
$28.00
5
1608
Amendment #001
Contract No. OAA 203.08
ATTACHMENT III
OLDERAMEIDCANSACTPROGRAM
RATE SUMMARY
RECIPIENT: Collier County Housing and Human Services
Services Total Cost Reimbursement Rate
C2
Home Delivered Meals $9.87 $8.88
Nutrition Counselin $58.89 $53.00
Nutrition Education $1.80 $1.62
Screenin Assessment $50.00 $45.00
Outreach $31.12 $28.00
6
J:ib D 8
Amendment #001
Contract No. OAA 203.08
ATTACHMENT IV
OLDER AMERCIANS ACT PROGRAM
BUDGET SUMMARY
RECIPIENT: Collier County Housing and Human Services
1. Title III B Support Services
$ 234,000.00
2. Title III C1 Congregate Meals
$ 211,750.00
3. Title III C2 Home Delivered Meals
$ 235,386.00
4. Title III E Services
$ 67,980.00
TOTAL
$749,116.00
7
c
. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI~l. 6 0 '
. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENTtO-. .' .\)
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
exce tion of the Chairman's signature, draw a line through routing lines # I through #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office' Initials Date
(List in routin order
I.Frank Ramsey
Housing and Human Service
2. Chairman Tom Henning
BCC
-w-
L{/z~
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval 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 stafffor additional or missing
information. All original docuinents needing the BCC Chairman's signature are to be delivered to the BCCoffice only after the BCe has acted to approve the
item. .
6. Minutes and Records
Clerk of Court's Office
252-2336
16D ...... J1
1
Yes
(Initial)
N/A (Not
A licable)
Name of Primary Staff Frank Ramsey, Housing Manager
Contact
Agenda Date Item was 04/22/2008
A roved by the BCC
Type of Document Impact Fee Deferral Agreement
Attached
Phone Number
Agenda Item Number
~umber of Original
Documents Attached
7L
*
W-
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 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 BCe Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the dateofBCC approval of the
document or the fmal negotiated 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!!-n exception), the original documentand this routing slip
sh.ould be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document.was approved by the BCC on 04/22/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Iicable.
ift-
'1f-
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
Return to
4156636 OR: 4353 PG: 0049
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
04/24/2008 at 10:56AM DWIGHT E. BROCK, CLERK
REC FEE 27.00
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
Retn:
HOUSING & HUMAN SVCS
ATTNi FRANK RAMSEY
INTBROFFICB 403 2336
File# 08-175-IF
I
This space for recordi~g
16 D \\
"'~4'.'
. '. "
-,h-
I
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this '-f./"\ay of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Monica Newhouse" (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 Seventeen Thousand One
Hundred Four and 22/100 Dollars ($17.104.22). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) ofthe total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4353 PG: 0050
may, at its sole option, collect the impact fee amount in default as set! Q JJoi~:
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.
0.'(\"""
:> . v'. "''''D
Attest: <",,,'l'l,. . " ' . . , . '. 0.1.' .
I' - ....'. ':'.:'.'.- ,'1}
DWIGI-!'P:8: I3R:(2C~" ciefJ<:',
, :[~-~~Y:"':S?' ~ :
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA,
By:
Attest as . ~;a.at . .
S 19nature onl ,."11 . S lJ : ,.J'
By:
::2~~~
Witnesses: 1l~ IL~
Print Nam~/;:2eN 4--' '(t. SEZL-E IZ0
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this J.f Tt. day of A-fl< I L ,
2008, by f'v1t?1J Ie. A NGwl-lbU!;; C , who is personally known to me or has produced
A D41\/E:1tS LICe ~<;. C as proof of identity.
.
Approv~d as to form
and legal ufficiency:
"'"''''
~~i!I\~ KAffilEEN CARPENTER
~:' :4 MY COMMISSION # DD 634080
~. . EXPIRES; May 26, 2011 .
"~ Bonded Thru Notary Pub6c UndelWrilers
commend Approval:
irl{~~ ~
Director
Collier County Housing and Human Services
[NOTARIAL SEAL]
bnJeffrey ~ atzkow
Chief Ass! tant County Attorney
*** OR: 4353 PG: 0051 ***
EXHIBIT "A"
16 0 I\~"
LEGAL DESCRIPTION
Unit 1408, Vista III at Heritage Bay Commons, aSubdivision as recorded in Plat Book 43,
Pages 46 through 54 of the Public Records of Collier County, Florida
9055 Gervais Circle #1408, 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
1. Law Enforcement Impact Fee
1. Water System Impact Fee
K. Sewer System Impact Fee
$100.59
$78.84
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$2,290.00
$2,355.00
$17,104.22
TOTAL IMPACT FEES
JAK Approved --.! --.!_
,
ORIGINAL DOCtJMENTS.CHECKLIST & ROUTING SL1I> 6 G
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO -:L '.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the BoardhaS taken action on the item,)
ROUTING SLIP
eomplete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
12
exception of the ehairman'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. _._,~~-_.,. . . .'., .,' -_....... ~ .. .',c. ~.....
2.
3.
4. Colleen Greene County Attorney's Office C:MG- y /~~ )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 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 ehairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item. '
Name of Primary Staff Debbie Brueggeman Phone Number 239-642-7878 Ext. 34
Contact
Agenda Date Item was April 22, 2008 Agenda Item Number 16(G)2
A roved by the BCC
Type of Document Grant Amendment Number of Original 4
Attached 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 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.)
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
signature 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 aware of our deadlines!
6. The document was approved by the BCC on 4/22/08 (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 N/ A (Not
(Initial) A licable)
''{e.S
CMG--
N/A
N/A
Yes
Q..MG'
N/A
\.{~-
Yes
c!.,11
I; Forms/ eounty Forms/ BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
'I <<t' 'A2~
-l Q U 'l~ - ~~,'
MEMORANDUM
Date:
April 29, 2008
To:
Debra Brueggeman,
Airport Authority
From:
Martha Vergara, Deputy Clerk
Minutes and Records Department
Re:
Grant Agreement
Enclosed is four (4) original copy, as referenced above (Agenda Item
#16G2) approved by the Board of County Commissioners on Tuesday,
April 22, 2007.
Please forward a fully executed original copy to our office once all
signatures are recieved.
If you should have any questions, you may contact me at 252-7240.
Thank you,
Enclosures (4)
1 ~S~~2'
"""
~
CONTRACT REINSTATEMENT AND FIRST AMENDMENT
TO
GRANT AGREEMENT BETWEEN
THE OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
AND
THE COLLIER COUNTY AIRPORT AUTHORITY
~--.
This Amendment is entered into this J..J... day of April, 2008 between the Office of
Tourism, Trade, and Economic Development (OTTED), Executive Office of the Governor, Suite
2001, The Capitol, Tallahassee, Florida, 32399-0001 and the Collier County Airport Authority
(GRANTEE), 2005 Mainsail Drive, Suite 1, Naples, Florida. A copy ofOTTED Agreement
Number OT-05-136 ("Agreement"), originally executed by the parties on June 17,2005, is
attached hereto and incorporated as "Exhibit 1" to this Amendment.
WHEREAS, the Parties desire to reinstate the contract Agreement and to conform the
term of this Agreement with a modified project timetable in order to fully implement the project
whose delay was beyond the control of GRANTEE.
WHEREAS, the Parties desire to extend the Agreement and to conform the term of this
Agreement with a modified project timetable in order to fully implement the project whose delay
was beyond the control of GRANTEE.
NOW, THEREFORE, in consideration of mutual promises and consideration of the
parties contained herein, and in accordance with Section 3.0 and Section 10.4 of the Agreement,
the parties agree as follows:
1. In accordance with Section 3.0 of the Agreement, the Agreement is extended
by OTTED until July 31, 2008. Any project costs incurred on or after the Effective
Date of the Agreement and on or prior to the termination date of the Agreement are
eligible for payment.
2. In accordance with Section 10.4 of the Agreement, "Exhibit A" is struck and is
replaced by the Amended Project Schedule, which is attached hereto as "Exhibit I-A" and
incorporated by this reference. "Exhibit I-A" may only be amended by prior written approval of
OTTED.
The parties reaffirm all other portions of "Exhibit 1" not in conflict with this Amendment.
Performance in accordance with this Amendment will be considered performance of the
...,~c~".,,,,1:i. 111llit,
16G
2'
Agreement. This Amendment is not intended to increase the maximum amount beyond that
provided for in the Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment of the
Agreement to be executed by their undersigned officials as duly authorized as of the
date first set forth above.
OTTED:
STATE OF FLORIDA EXECUTIVE OFFICE OF
THE GOVERNOR OFFICE OF TOURISM,
TRADE, AND ECONOMIC DEVELOPMENT
Keisha Rice, Deputy Director
WITNESS:
GRANTEE:
COLLIER COUNTY AIRPORT AUTHORITY
~o~~
WITNESS:
, '..~
, ~-
"
(t)
"',.i'
~~J
Collier County Airport Authority - Immoka/ee Airport Project 2
Contract Reinstatement & First Amendment
Exhibit I
STATE OF FLORIDA
EXECUTIVE OFFICE OF THE GOVERNOR
OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
166
2~
BACKGROUND
The Office of Tourism, Trade, and Economic Development is authorized by law to make
grants of funds in accordance with legislative appropriations. The Legislature of the State of
Florida has made a provision for such grants in Section 288.0655(2)(b), Florida Statutes.
GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into between the State of Florida, Office of
Tourism, Trade, and Economic Development (OTTED), and the Collier County Airport
Authority (GRANTEE). OTTED and GRANTEE are sometimes hereinafter referred to as a
"Party" and collectively as the "Parties." This Grant Agreement is Grant Number OT05-136 for
the purpose of facilitating the financing of renovations and new construction of an infrastructure
project in rural Collier County to encourage job creation, capital investment, the strengthening
and diversification of GRANTEE's economy by the location of two companies, Skytruck
Company, Inc. and Genapol, Inc., and to leverage the use of funds provided by the Federal
Aviation Administration, the Florida Department of Transportation, and the Collier County
Airport Authority.
In consideration of the mutual covenants and promises contained herein, the Parties agree
as follows:
1.0 PARTIES:
The Parties and their respective addresses for the purposes of this Agreement are:
1.1 STATE OF FLORIDA
EXECUTIVE OFFICE OF THE GOVERNOR
OFFICE OF TOURlSM, TRADE, AND ECONOMIC DEVELOPMENT
THE CAPITOL, SUITE 2001
TALLAHASSEE, FLORlDA 32399-0001
16G 2
1.2 ' COLLIER COUNTY AIRPORT AUTHORITY
2003 MAINSAIL DRIVE
NAPLES, FLORIDA 34104
1.3 The grant manager for OTTED is Mary Helen Blakeslee, who may be reached at
telephone number (850) 487-2568, facsimile number (850) 487-3014, and electronic mail
marvhelen,blakeslee@myflorida.com. The grant manger for GRANTEE is Theresa Cook, who
may be reached at telephone number (239) 642-7878, facsimile number (239) 394-3515, and
electronic mail at theresacook@coIIiergov.net. All approvals referenced in this Agreement must
be obtained in writing from the Parties' grant managers or their designees. Either party may
change its grant manager at any time by written notice to the other pursuant to Section 2.0.
2.0 NOTICES:
All notices between the Parties shall be in writing and shall be by confirmed electronic
mail, facsimile, or certified mail, return receipt requested, and delivered to the address of the
Parties as set forth in Section 1.0 above, unless prior written notice of change of address is given.
3.0 TERM:
The term of this Agreement shall commence upon execution of this Agreement
("Effective Date") and continue until June 30,2007 ("Term"). This Agreement may be extended
by OTTED upon the same terms and conditions of this Agreement (other than those changes
necessary to accommodate the revised dates, revised funding, and any other revisions required
by law). Only project costs incurred on or after the Effective Date of the Agreement and on or
prior to the termination date of the Agreement are eligible for payment.
4.0 PROJECT DESCRIPTION:
GRANTEES shall perform in accordance with the provisions of Section 288.0655 (2Xb),
Florida StaMes. The GRANTEES shall receive from OTTEn no more than 30010 of the total
2
16G
2~j.'.
.~~~
infrastructure project cost. Funds made available by OTTED pursuant to this Grant Agreement
shall be expended solely for the project described in "Exhibit A," and budget, designated as
"Exhibit B," both of which are incorporated herein and made part of this Agreement. "Exhibit
A" contains a written project description and project schedule, and "Exhibit B" contains a project
budget showing the types and amounts of each separate expenditure to be made to complete the
project and omits no material parts of the project. "Exhibit A" and "Exhibit B" may only be
amended by prior written approval of OTTED.
5.0 GRANTEES REQUIREMENTS:
Project funds made available by OTTED shall not be released until the following have
been satisfied:
5.1 - GRANTEES shall agree to manage construction of the required infrastructure as
provided by resolution of GRANTEES.
5.2 GRANTEES shall verify all invoices, statements, or other related documents duly
submitted to GRANTEES for approval by the GRANTEES prior to submission to OITED.
5.3 GRANTEES shall certify that their adopted local government comprehensive
plans are in compliance with Chapter] 63, Part II, Florida Statutes, and that any amendments to
the adopted plan related to the project have been determined by the Department of Community
Affairs to be in compliance with Chapter ]63, Part II, Florida Statutes.
5.4 GRANTEES shall certify who owns all of the infrastructure to which
improvements funded under this Agreement are being made.
5.5 GRANTEES shall provide OTTED with written notification of either their intent
to:
t
(a) Award t~e construction of the project to the lowest and best bidder in
accordance with applicable state and federal statutes, rules, and regulations. GRANTEES shall
3
6G
1 "
2\'
submit a copy of the bid tally sheet(s) and awarded bid contract to OITED; or
(b) Construct the project utilizing existing GRANTEES employees, if the
GRANTEES can complete the project within the timeframe established by Section 3.0 of this
Agreement.
6.0 PAYMENT
6.1 Rural Infrastructure Funds of up to a total of $454, 143.00 will be made available
to GRANTEES for monthly reimbursement.
6.2 OITED shall not remit funds until the requirements of Section 5.0 have been
satisfied.
6.3 OITED will remit funds to GRANTEES upon OITED's receipt and approval of
a written invoice from GRANTEES, which shall be accompanied by supporting documentation
such as bills, statements, or other related documents documenting incurred costs duly submitted
to and verified by GRANTEES.
6.4 Funds will be transferred by OITED to GRANTEES on a monthly basis as
needed by the GRANTEES and as documented by the approved submissions required in the
paragraph set out above. These documents must be received by OITED no later than fifteen
(15) days from the end of the month for which GRANTEES request reimbursement. The total of
all monthly payments shall not exceed the grant amount.
6.5 OITED will only transfer the amount of funds needed to complete the project as
documented by the approved submitted documentation required. Should the total of all
documented amounts be less than the grant amount, OITED shall retain all surplus funds.
6.6 OITED's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. In the event of a State revenue shortfall, the
total grant may be reduced accordingly. OITED shall be the final determiner of the availability
4
16(;121
of any funds.
7.0 REPORTS:
7.1 In addition to the docurnentation submitted pursuant to section 6.0 set out above,
the GRANTEES shall provide OITED with progress reports beginning with the period ending
September 30, 2005, and continuing quarterly thereafter, until the project is completed. Each
report shall contain a narrative description ofthe work completed according to the project
schedule in "Exhibit A," a description of any change orders executed by the GRANTEES, and a
budget summary detailing planned expenditures found in "Exhibit B." The final written report
shall be submitted within 120 days of completion of the project. A final written accounting shall
also be submitted within 120 days of funds being completely expended. The accounting shall
include:
(a) The total funds paid to the GRANTEES by OITED pursuant to this
Agreement; and
(b) A summary of the total project costs paid from funds made available by
OITED pursuant to this Agreement detailing planned expenditures versus actual expenditures.
7.2 Two (2) years after the location ofSkytruck Company, Inc., an airplane assernbly
and distribution center, and Genapol Inc., a parts warehousing and distribution center,
GRANTEES shall provide OITED with the actual number of new, permanent, full-time jobs
created by the Skytruck Company, Inc. and Genapol, Inc.'s location in Collier County.
7.3 If this Agreement is extended or renewed beyond the Term, Quarterly Reports on
the program of work and budget described in "Exhibit A" and "Exhibit B" shall be submitted to
OITED by GRANTEES to cover the extended Agreement period.
7.4 OITED's Contract Manager, or designee, may with reasonable notice perform
on-site reviews to independently validate any infonnation or reports submitted, or to be
5
16G
2'
submitted, to OITED. GRANTEES shall allow OITED's Contract Manager and other OITED-
authorized personnel reasonable access to any information and any other documents requested by
OITED for purposes of monitoring GRANTEES' performance.
8.0 AUDIT AND RECORDS:
8.1 The GRANTEES shall retain and maintain all records, including records of all
payments made by GRANTEES in connection with the Grant and make such records available
for any audit as may be requested. Records shall include independent auditor working papers,
books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices,
requests for payment, and other supporting documentation, which according to generally
accepted governmental accounting principles, procedures and practices, sufficiently and properly
reflect all program costs expended in the performance of the Agreement. The records shall be
subject at all times to inspection, review, or audit by personnel of the Office of the Auditor
General, Department of Financial Services, or the Chief Inspector General, or other personnel
authorized by OITED and copies of the records shall be delivered to OITED upon request.
8.2 In addition to the requirements set out above in this section, the GRANTEES shall
comply with the applicable audit provisions contained in "Exhibit C," which is attached to this
Agreement and incorporated herein. "Exhibit C" sets out the duties and requirements of the
GRANTEES pursuant to the Single Audit Act, Section215.97, Florida Statutes.
9.0 TERMINATION:
9.1 BREACH & PRESERVATION OF REMEDIES
(a) In the event that the GRANTEES fail to comply with any of the terms of this
Agreement, OITED may exercise any remedies available at law or in equity, including the
withholding and/or reduction of funding to GRANTEES. In the event such failure is material to
the Agreement as a whole, OITED shall have the right to terminate this Agreement in
6
16G'2~
accordance with its terms.
(b) OITED may terminate the Agreement due to the failure of the GRANTEES to
fulfill their obligation under the Agreement in a timely or satisfactory manner. Satisfaction of
obligation by the GRANTEES will be determined solely by OITED. OITED must provide the
GRANTEES a written notice of default letter. The GRANTEES will have fifteen (15) calendar
days to cure the default, unless it is determined by OITED that it is necessary that the default be
cured immediately. If the default is not cured by the GRANTEES within the stated period of
time, OITED has tIr option to terminate this Agreement. The termination shall be effective
upon no less than 24 hours notice delivered in a manner set forth in Section 2.0. In the event of
termination of this Agreement, the GRANTEES will be compensated for any work satisfuctorily
completed prior to notification of termination. Determination of work satisfactorily completed
shall be at the sole discretion of OITEn.
(c) No delay or omission to exercise any right, power, or remedy accruing to
either Party upon breach or default by either Party under this Agreement will impair any such
right, power, or remedy of either Party; nor will such delay or omission be construed as a waiver
of any such breach or default.
9.2 REFUSAL TO GRANT PUBLIC ACCESS. This Agreement may be unilaterally
terminated by OITED for refusal by the GRANTEES to allow public access to all documents,
papers, letters, or other material created in connection with this Agreement that are subject to the
provisions of Chapter I 19, Florida Statutes.
9.3 UNAUTHORIZED ALIENS. OITED will consider the employment by
GR.<\NTEES, or any contractor or subcontractor, of unauthorized aliens a violation of Section
274A(e) of the U.S. Immigration and Nationality Act. Such violation shall be cause for
cancellation of the Agreement.
7
l6G
2'
10.0 GENERAL CONDITIONS:
10.1 LIABILITY AND INSURANCE
(a) OTTED shall not assume any liability for the acts, omissions to act, or
negligence ofthe GRANTEES, their agents, servants, or employees; nor shall the GRANTEES
exclude liability for their own acts, omissions to act, or negligence to OTTED. In addition, the
GRANTEES hereby agree to be responsible for any injury or property damage resulting from
any activities conducted by GRANTEES.
(b) GRANTEES shall act in an independent capacity and not as an employee of
OTTED in the performance of this Agreement. GRANTEES agree to indemnify and hold the
State harmless from any and all claims or demands for damages resulting in personal injury or
death, or destruction or damage to property, arising out of activities performed under this
Agreement and shall investigate all claims at its own expense.
(c) GRANTEES shall be responsible for all work performed and all expenses
incurred in connection with the project. The GRANTEES may subcontract as necessary to
perform the services set forth in this Agreement, including entering into subcontracts with
vendors for services and cornmodities PROVIDED THAT it is understood by the GRANTEES
that OTTED shall not be liable to the subcontractor for any expenses or liabilities incurred under
the subcontract and that the GRANTEES shall be solely liable to the subcontractor for all
expenses and liabilities incurred underthe subcontract. Also, when contracting with
subcontractors, GRANTEES must require subcontractors to indemnify and hold harmless the
State for actions of the subcontractor resulting in personal injury or death, or destruction or
damage to property, arising out of activities performed under this Agreement and shall
investigate all claims at its own expense.
8
166 2
(d) Neither OITED nor any agency or subdivision of the State waives any
defense of sovereign immunity, or increases the lirnits of its liability, upon entering into this
contractual relationship.
( e) GRANTEES shall require that any contractor, subcontractor, or operator
performing work pursuant to or in furtherance of this Agreement shall provide and maintain
during the duration of such contract, subcontract, or operating arrangement at least the kinds and
minimum amounts of insurance required in this Section of the Agreement. The minimum
amounts required may, on a case-by-case basis, be adjusted by mutual agreement between
omn and GRANTEES.
(f) Before commencement of any work pursuant to the Agreement, GRANTEES
shall require each contractor, smcontractor, or operator under this Agreement to provide
certificates of insurance evidencing that the required insurance has been obtained and is in force.
All such policies shall contain an endorsement stating that any cancellation or material change
shall not be effective unless at least thirty (30) days prior written notice is provided to
GRANTEES. GRANTEES will require each contractor, subcontractor, or operator to produce
and maintain during the entire period of their perfonnance under this Agreemert the following
minimum amounts and types of insurance.
i. Worker's compensation and employer's liability insurance in compliance
with applicable worker's compensation and occupational disease statutes with a minimum limit
of$100,000 per incident. Such insurance shall comply with the Florida Worker's Compensation
Law.
ii. General comprehensive liability insurance with minimum limits of
$1,000,000 for injury to one person arising out of a single incident, and $1,000,000 for property
damage.
9
16G
2'
iii. Comprehensive automobile insurance which shall include bodily injury and
property damage covering all owned, non-owned, hired, and government- furnished vehicles with
minimum limits of $1 ,000,000 for bodily injury and property damage'per occurrence.
10.2 NON-ASSIGNMENT. Except as otherwise stated in this Agreement, neither
party may assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this.
Agreement without the prior written consent of the other party, which will not be unreasonably
withheld. Any sublicense, assignment, or transfer otherwise occurring will be null and void.
Notwithstanding the foregoing, OITED will at all times be entitled to assign or transfer its right,
duties, or obligations under this Agreement to another governmental agency in the State of
Florida, upon giving written notice to the GRANTEES. In the event OITED approves transfer
of GRANTEES' obligations, the GRANTEES remain responsible for all work performed and all
expenses incurred in connection with the Agreement.
10.3 GOVERNING LAW. This Agreement shall be governed by the laws of the State
of Florida. Any and all litigation arising under this Agreement shall be brought exclusively in
the appropriate court in Leon County, Florida.
lOA MODIFICATION. This writing and the attached "Exhibit A," "Exhibit B," and
"Exhibit C" contain the entire Agreement of the parties. No representations were made or relied
upon by either party, other than those that are expressly set forth. No agent, employee, or other
representative of either party is authorized to alter, rnodiry, amend, or change any of the terms of
this Agreement, unless done in writing and signed by an executive officer of the GRANTEES
and OTTED.
10.5 APPLICABLE LAWS. GRANTEES agree to cornply with all applicable federal,
state, and local laws related to the execution of the program described in "Exhibit A."
10
166 2
'~
10.6 MINORITY BUSINESS. GRANTEES are encouraged to use small businesses,
including minority and women-owned businesses as subcontractors or subvendors under this
Agreement. The directory of certified minority and women-owned businesses can be accessed
from the website of the department of Management Services, Office of Supplier Diversity.
GRANTEES shall report, on a quarterly basis, expenditures with minority and women-owned
businesses. The report shall contain the names and addresses of the minority and women-owned
businesses; the aggregate dollar figure disbursed that quarter for each business; the time period;
type of goods or services; and the applicable code. Ifno expenditures were made to minority or
women-owned businesses, Grantees shall submit a statement to this effect.
] 0.7 LOBBYING. Funds may not be used for the purpose of lobbying the Legislature,
the judicial branch, or a state agency, pursuant to Section 216.347, Florida Statutes.
10.8 TRA VEL. There will be no reimbursement for travel expenses by OITED.
10.9 PUBLIC ENTITY CRIME. GRANTEES affirm that at no time have
GRANTEES been convicted ofa public entity crime pursuant to Section 287.133, Florida
Statutes, and agree that they shall not violate any such law and further acknowledge and agree
that any such conviction during the term of the Agreement may result in the termination of this
Agreement.
10.10 NON-DISCRIMINATION. The GRANTEES will not discriminate against any
employee employed in the performance of this Agreement, or against any applicant for
employment because of age, race, creed, color, handicap, national origin, or sex.
GRANTEES affirms that at no time have GRANTEES been placed on the
discriminatory vendor list pursuant to Section 287.134, Florida Statutes, and agree that they shall
not violate any such law and further acknowledge and agree that any such placernent on the list
during the term of the Agreement may result in the termination of this Agreement.
II
1,6G
2-,.
_.~
The GRANTEES shall insert similar provisions in all subcontracts for services by
this Agreement.
10.11 SEVERABILITY. If any term or provision of the Agreement is found to be
illegal, invalid, or unenforceable, such term shall be severed from this Agreement and the
remainder of the Agreement will remain in full force and effect.
10.12 A TTORNEY FEES. Unless authorized by law and agreed to in writing by
OITED, OITED will not be liable to pay attorney fees, interest, or cost of collection.
10.13 DUPLICATE ORIGINALS. This Agreement is executed in duplicate originals.
10.14 ACCEPTANCE AND AMENDMENT BY FACSIMILE. The acceptance of this
Agreement or any modification of this Agreement may be made by facsimile transmission.
Receipt of the facsimile transmission shall for the purpose of this Agreement be deemed to be an
original, including signatures.
10.15 SUBCONTRACTS. Any and all contracts that GRANTEES execute with a
person or organization under which such person or organization agree to perform services on
behalf of GRANTEES or the State of Florida shall include provisions requiring that such person
or organization report on performance, account for proper use of funds provided under the
contract, including the provision of audit rights pursuant to Section 8.0 and "Exhibit C" of this
Agreement, avoid duplication of existing state and local services and activities, and agree to
abide by all local, state, and federal laws.
10.16 PLEDGING CREDIT. GRANTEES shall not pledge the State of Florida's or
OTTED's credit or make the State ofFJorida or OITED a guarantor of payment or surety for
any contract, debt, obligation, judgment lien, or any form of indebtedness.
12
'166
2 "
I I. IMPROVEMENT TO REAL PROPERTY:
In accordance with Section 253.85, Florida Statutes, the GRANTEES grant to the state a
security interest in the property at least to the amount of state funds provided for at least 5 years
from the date of purchase or the completion of the improvements or as further.required by law.
IN WI1NESS WHEREOF, the Parties have caused this Agreement to be executed and delivered
by their duly authorized representatives as of the date set forth below.
COLLIER COUNTY
BOARD OF COMMISSIONERS
'1uJ-w. ~
FRED W. COYLE, CHAIRMAN
Date:
;;~~.s-
,
Witness:
Witness: ~L<~~~
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ATTEST ..' t':~};':."""'~ '{> -',
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COUNTY OF COLLIER
RURAL INFRASTRUCTURE FUND
EXIDBIT B
Description County/Other Funds OTTED Grant
Storm Water Retention Pond $ 500,000.00
Engineering ServiceslDesign & Bid 38,555.00 $454,313.00
Engineering Services/Construction 33,920.00
Construction Phase 427,525.00
Total Cost of Detention Pond $ 500.000.00 $454,313.00
Environmental Resource Permit $r347.000.00
Taxiway C $ 666.857.00
Total Project Cost $1.531.857.00 $1.531.857.00 $427.525.00
16G
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EXIllBIT C
SPECIAL AUDIT REQUIREMENTS
The administration of funds awarded by the Office of Tourism, Trade, and Economic
Development (OTTED) to the GRANTEE may be subject to audits and/or monitoring by the
OTTED, as described in this section.
MONITORING
By entering into this agreement, -the GRANTEE agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the OTTED. In the event OTTED
determines that a limited scope audit of the recipient is appropriate, the GRANTEE agrees to
comply with any additional instructions provided by OITED to the GRANTEE regarding
such audit. The GRANTEE further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General or
Chief Inspector General.
AUDITS
I. In the event that the GRANTEE expends a total amount of State awards (i.e., State
financial assistance provided to the recipient to carry out a State project) equal to or in
excess of $500,000 in any fiscal year of such GRANTEE, the GRANTEE must have a
State single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes (the Single Audit Act); applicable rules of the Executive
Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor
General. In determining the State financial assistance expended in its fiscal year, the
GRANTEE shall consider all sources of State awards, including State funds received
from OITED, except that State financial assistance received by a nonstate entity for
Federal prograrn matching requirements shall be excluded from consideration.
2. In connection with the audit requirements, the GRANTEE shall ensure that the audit
complies with the requirements of Section 215.97(7), Florida Statutes. This includes
submission of a reporting package as defined by Section 215.97(2)( d), Florida
Statutes, and Chapter 10.550, Rules of the Auditor General.
3. If the GRANTEE expends less than $500,000 in State financial assistance in its fiscal
year, an audit conducted in 'accordance with the provisions of Section 215.97, Florida
Statutes, is not required. In the event that the GRANTEE expends less than $500,000
in State financial assistance in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, the cost of the
audit must be paid from non-State funds (i.e., the cost of such an audit rnust be paid
from GRANTEE funds obtained from other than State entities).
4. The GRANTEE must include the record keeping requirements in subrecipient
contracts and subcontracts entered into by the GRANTEE for work required under
terms of this Agreement. In the executed subcontract, the GRANTEE shall provide
each subrecipient of state financial assistance the information needed by the
subrecipient to comply with the requirements of the Single Audit Act. Pursuant to
Section 215.97 (6), Florida Statutes, GRANTEE shall review and monitor
166
2"~
subrecipient audit reports, and perform other procedures as specified in the agreement
with the subrecipient, which may include onsite visits. GRANTEE shall require
subrecipients, as a condition of receiving state financial assistance, to permit the
independent auditor of the recipient, the state awarding agency, the Comptroller, and
the Auditor General access to the subrecipient's records and independent auditor's
working papers as necessary to comply with the requirements of the Single Audit Act.
5. For information regarding the Florida Single Audit Act, including the Florida Catalog
of State Financial Assistance (CFSA), the GRANTEE should access the website for
the Governor's Office located at http://www.fl!wv.com/. for assistance. In addition to
the above website, the following websites may be accessed for information:
Legislature's Website http://vvww.lee:.state.fl.us/, the Department of Banking and
Finance~s Website http://www.dbf.state.fl.us/aadir/FSAAIndex.html. and the Auditor
General's Website http://sun6.dms.state.fl.us/aud!!en
REPORT SUBMISSION
Copies of audit reports conducted in accordance with the audit requirements contained herein
shall be submitted to the parties set out below. The annual financial audit report shall include
all management letters and the GRANTEE's response to all findings, including corrective
actions to be taken. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
The complete financial audit report, including all items specified above, shall be sent
directly to:
Mary Helen Blakeslee
Office of Tourism, Trade, and Economic Development
The Capitol, Suite 2001
Tallahassee, Florida 32399 -0001
and
State of Florida Auditor General
Attn: Ted J Sauerbeck
Room 574, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32302-1450
RECORD RETENTION
GRANTEE shall retain all grant records and shall ensure the retention of its independent
auditors working papers for a period of five (5) years from the date of submission of the final
project report. If any litigation, claim, negotiation, audit or other action involving the records
has been started before the expiration of the five (5) year period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end
of the five (5) years period, whichever is later.
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 22, 2008
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
Other:
1) Affordable Housing Commission:
Minutes of February 7,2008.
2) Collier County Planning Commission - Form 1:
Minutes of February 7, 2008.
3) Contractors Licensing Board:
Minutes of January 16,2008.
4 ) Historical/Archaeological Preservation Board:
Minutes of August 29,2007; September 19, 2007; November 21,
2007.
5) Parks and Recreation Advisory Board:
Minutes of February 20,2008.
6) Pelican Bay Services Division Board:
A) Clam Bav Committee
Minutes of January 29, 2008.
B. Minutes:
1) South Florida Water Management District
Public Notice of Final Agency Action of January 29, 2008.
Fiala
Halas
Henning
Coyle
Coletta
"~I lA (
~~'VED
AFFORDABLE HOUSING COMMISSION MAR 2 0 2008
SUB COMMITTEE MEETING Board ofe
3301 Tamiami Trail E - Facilities Building Conference Room ountyCol1llll/ssloners
Thursday, February 7,2008 @ 10:00 AM
ROLL CALL
John Barlow
Ken Kelly
James Pusateri
Cormac Giblin
Steve Hruby
Brian Goguen
Jim Warnken
Fred Thomas
Sally Masters
ABSENT
PRESENT
X
X
X
X
X
X
X
X
X
Staff: Housina & Grants
Marcy Krumbine
Barbara Garrett
Ana Diaz
X
X
X
County Commissioner:
Jim Coletta
X
Staff: CDES:
County Attorney's Office
X
1. Call to Order/Roll Call by Steven Hruby @ 10:00 am.
. Quorum was present.
· Introductions of guests
2. Introductions of Commission members and staff
3. Approval of Past Minutes
· Motion to approve the January minutes by Ken Kelly, seconded by Jim
Pusateri. Motion carried.
4. Approval of the Agenda
· Motion to approve the agenda by Fred Thomas. Seconded by Ken Kelly.
Motion carried.
" 5. Discussion Overview Inclusionary Zoning and Public Comments
.":,:0'
.
Discussion on how productive this ordinance will be and if there's a Misc. COffeS:
possibility if the BCC will approve this Inclusionary Zoning. \.
Also if there are too many restrictions in the ordinance, it is going to be hard
to find buyers.
.
Date:
ltem~ (~ll AL
CopiS$ to:
~
161'
I' A I
,...~
. Today the market is low and it is possible to find $200,000 homes, but in
couple of years this may change. That's why Cormac Giblin thinks that we
need the Inclusionary Zoning.
. Density Bonus will be a benefit for developers.
. The suggestion was to create more incentives.
. Motion by Brian Goguen to look other incentives and see how will benefit the
community. Seconded by Fred Thomas.
6. Review of Inclusionary Zoning Policy and Discussion
. Distance between multiple Contributing Development sites and alternative
Off-site locations. (page 7) - Y2 mile
. Percentage of required Inclusionary Units and the required mix of income
ranges. (page 9) - at least the 5% should be 80% or less
. Requirements and assurances for production of Inclusionary Units (page 10)
- Vote - 8 in favor and 1 against (John Barlow)
. Criminal Penalties (page 11)
. Basis for calculating In-lieu payments (page 11) - Vote 7 in favor and 2
against (John Barlow and Jim Pusateri)
. Rental is still proposed as an alternate to homeownership which is
inconsistent with other changes (G on page 12) - Eliminate. Vote 9 in favor
and 0 against
. Flexibility in starting and completing construction of Inclusionary Units in
relation to Market Rate Units (page 12)- Add a sentence "the size may vary"
- Vote 8 in favor and 1 against (John Barlow)
. Density Bonus referenced to LDC Density Bonus procedures vs. establishing
separate program in this section (page 13) - for review in next meeting
. Amount of Density Bonus given for Inclusionary Units (page 13) - for review
in next meeting
. Additional Incentives - Additional Density Bonuses (page 16) - for review in
next meeting
. Rental Eligibility requirements are not included (page 18) - for review in next
meeting
. Resale Requirements - specifically term of sustainability and fair share of
appreciation (page 19 and 20) - for review in next meeting
7. Follow up on Meeting Dates for 2008 and Timeline for completion of Ordinance
. To be continued on the next regular Affordable Housing Commission
meeting.
8. Adjourn
The meeting was adjourned at 2:41 PM
Next Sub-Committee Meeting to be a workshop held next week. Date, time and place of this
workshop are to be determined and the Commission will be advised of this information when
available.
<:':r':';,
ubmitted:
~ ':" " ,'<. -.
C'
"'"N\ ~" , t::?
Fiala '-r\:' , \ (l ~
Halas
Henning
Coyle -
Coletta
16j lA (f-
February 7, 2008
RI" . RECEIVED
TRANSC PT OF THE MEETING OF THE M
COLLIER COUNTY PLANNING COMMISSION Boa"of~5~
Naples, Florida
February 7, 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 Kolflat
Paul Midney
Bob Murray
Brad Schiffer
Robert Vigliotti
David J. W oltley
ALSO PRESENT:
Jeffrey Klatzkow, Chief Asst. County Attorney
Joseph Schmitt, CDES Administrator
Ray Bellows, Zoning & Land Development Review
Thomas Eastman, Director of Real Property, C.C. Sch~Q!~~trict
Oate:
ltern#:~
Page 1
Gopkm to:
~I
161 lA d-
February 7, 2008
CHAIRMAN STRAIN: Good morning, everyone. Welcome to
the February 7th meeting of the Collier County Planning Commission.
If you'll all rise for pledge of allegiance.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN STRAIN: Thank you. And just before roll call, I
wish to welcome our new board member, Mr. David Wolfley. David
was here a few years back when I actually started on the board. And
it's very good to see you back again, David, so welcome.
COMMISSIONER WOLFLEY: Thank you, sir.
Item #2
ROLL CALL BY SECRETARY
CHAIRMAN STRAIN: And with that, would the secretary
please take the roll call.
COMMISSIONER CARON: Mr. Kolflat?
COMMISSIONER KOLFLAT: Here.
COMMISSIONER CARON: Mr. Schiffer?
COMMISSIONER SCHIFFER: Present.
COMMISSIONER CARON: Mr. Midney?
COMMISSIONER MIDNEY: Here.
COMMISSIONER CARON: Ms. Caron is here.
Mr. Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Here.
COMMISSIONER CARON: Mr. Murray?
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: Mr. Vigliotti was here.
And Mr. Wolfley, welcome.
COMMISSIONER WOLFLEY: Here.
Page 2
161 lA ~
February 7, 2008
CHAIRMAN STRAIN: Bob, say here.
COMMISSIONER VIGLIOTTI: Here.
CHAIRMAN STRAIN: Ah, he's here.
MR. KLATZKOW: It's official.
CHAIRMAN STRAIN: Okay. Full quorum.
Item #3
ADDENDA TO THE AGENDA
Okay, the addenda to the agenda. There are two things I want to
discuss. The first one is the Brandon hearing, which is the first one up
today.
Many of us or all of us should have received yesterday sometime
during the day a package from the county that was omitted from our
original package. It was approximately 62 pages of concerns
expressed by the various neighborhood or adjoining property owners,
and some in the Strand and places like that near this project.
It was received late. I was able to read it all last night. Actually,
after Page 30 it's pretty redundant because it's a petition that is carried
through on the balance of the 30 pages.
But I wanted the planning commission to make sure that as a
whole body we didn't have a concern with the timing of it and all of us
had, or at least most of us felt we had enough time with it.
So does anybody have any concerns with the receiving it that
late, other than the fact it shouldn't happen again?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Okay, then we'll move -- we'll leave
Brandon as scheduled.
Next Thursday, the 14th, we're scheduled to have the
continuation of the Cocohatchee Bert Harris discussion.
I have with me the tentative agenda for the 21 st. We only have
Page 3
161 11\ d-
February 7, 2008
one small variance of2.3 feet to discuss on the 21st. That's the only
issue we have. It's our regular meeting day and this room is available
for us that day. Plus the strike-through version of the PUD that we've
been wanting for the Cocohatchee isn't complete yet, which means we
wouldn't get it today as we needed it. And there's been some
discussion on the processing of the SDP.
F or all those reasons, I would certainly entertain a motion from
this board to continue the Cocohatchee hearing on the 14th--
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: -- to the 21st on our regular agenda.
COMMISSIONER MURRAY: Moved.
COMMISSIONER ADELSTEIN: Second.
CHAIRMAN STRAIN: Motion made by Mr. Murray, seconded
by Commissioner Adelstein.
Discussion?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, I won't be here. I'm a
member of the ICC. We'll be meeting that day. That is in my district.
I'd kind of like to be here for that.
CHAIRMAN STRAIN: Well, it's our regular meeting day, Brad.
COMMISSIONER SCHIFFER: And I wouldn't be able to attend.
CHAIRMAN STRAIN: Why don't you tell them you can't attend
there and attend here?
COMMISSIONER SCHIFFER: That's a privilege sitting there, as
it is here.
CHAIRMAN STRAIN: It's a privilege sitting here, too.
COMMISSIONER SCHIFFER: But anyway, it's a code meeting,
we write the international building code, and I have to be there. I
wouldn't be able to be here.
CHAIRMAN STRAIN: Okay. Well, the documents won't be
available next week that we really need in the format we need them
Page 4
161 Ilt,~
February 7, 2008
for Cocohatchee. The 21 st seemed like a natural, because it wasn't an
empty meeting for us, basically.
Jeff, if Brad were to receive the documents as he normally
would, could he submit written comments to you for discussion with
us ifhe objected to any of them?
MR. KLA TZKOW: I could bring his objections to the attention
of the board.
CHAIRMAN STRAIN: Okay. I mean, basically it's a review
meeting of where the project is from our last meeting, a finalization of
all the documents and make sure that the items we indicated were
included in the strike-through version.
I don't know if anything new is going to come up at the meeting,
other than what we had already requested and instructed staff and the
applicant to modify.
MR. KLATZKOW: No, my understanding is that the direction
from the planning commission was clear. It's just been my task to get
that memorialized for your review to make sure that I got it right.
CHAIRMAN STRAIN: Brad, would you feel--
COMMISSIONER SCHIFFER: Well, I mean -- everything's
been scheduled the way it is. I behaved it as scheduled. The fact that
that Thursday that I wouldn't be here doesn't have anything on it even
makes me feel better, so --
CHAIRMAN STRAIN: But let's --let me get one thing: We're
not going to be able to have the meeting on the 14th. Even if we had
it, we'd have to continue it because the documentation that we were
counting on wasn't able to get completed. So the 14th isn't going to be
a productive day to finish it, regardless.
So now we've got to look at an alternative date. And you're
saying from your perspective the alternative of the 21 st won't work?
COMMISSIONER SCHIFFER: Correct.
CHAIRMAN STRAIN: Okay. Any other issues on that from
anybody else?
Page 5
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February 7, 2008
Ms. Caron?
COMMISSIONER CARON: Yeah, I think it's very important
that Mr. Schiffer be here. It is part of his district, and I think he should
be here. It's a very important issue, obviously, or we wouldn't have
had as many meetings on it as we've had. So I think it's vitally
important that he be here on whatever day we pick. So if it can't be the
21 st, perhaps it can be the meeting after that.
CHAIRMAN STRAIN: Okay. Ray, do you know what our
agenda is for the month of March in our regular meetings? I mean, I'd
rather not see us schedule another special meeting if we have some
empty days like we apparently have on the 21 st of February.
MR. BELLOWS: On March 6th, the planning commission, there
are currently four items on the agenda. Three of them -- or two of
them are PUD rezones, one's a PUD amendment and the fourth one is
.
a vanance.
CHAIRMAN STRAIN: Okay. What about further on in March?
MR. BELLOWS: The 20th of March there are seven items on the
agenda.
CHAIRMAN STRAIN: Okay.
MR. BELLOWS: And one of those being the school concurrency
COMMISSIONER SCHIFFER: Let me --
CHAIRMAN STRAIN: Brad?
MR. BELLOWS: -- update, I guess.
COMMISSIONER SCHIFFER: The concern -- I mean, I'm
hearing where it's going to be not a whole lot of new data anyway.
What is the concern about hitting next week?
CHAIRMAN STRAIN: We don't have the strike-through version
done, and the SDP hasn't been -- and there's been no further
advancement on the SDP submittal.
Mostly the strike through. That's got to get done, and it won't be
done in time for us to receive it and review it by next week.
Page 6
161 1A ~
February 7, 2008
COMMISSIONER SCHIFFER: When will it be done? What
does staff say?
CHAIRMAN STRAIN: Well, I -- we could have it -- I believe
we could have it done by the 21 st.
Jeff, is that --
MR. KLATZKOW: Yeah.
CHAIRMAN STRAIN: I mean, that's -- I didn't know that it was
a problem.
Is there any other time frames prior to the 21 st or in the month of
February, Ray, where we can meet a morning in this room that you
know of?
MR. BELLOWS: Let's see. We have the -- we'll have to come
back with dates. I have some calendar dates, but they don't show this
room's availability on these --
CHAIRMAN STRAIN: Okay, what I'd like to do then is out of
courtesy to our fellow Commissioner, Mr. Schiffer, ask the motion
maker and the second to withdraw their motion and second to the
motion until we can bring it up at a later time in today's agenda at the
end of the meeting and then rediscuss it at that point. Is that in line?
COMMISSIONER MURRAY: I'm thinking about it. I'm
thinking if he were to be sick on the very day that we were scheduled
to meet and he couldn't come, then to that effect we'd still have to go
forward.
As a courtesy I'll withdraw it so that we give ample time for him
to consider it.
COMMISSIONER ADELSTEIN: I will--
CHAIRMAN STRAIN: So the second withdrew it, okay. So the
motion's been withdrawn. We'll table this discussion until under old
business at the end of the meeting.
I also would like to suggest that at the end of the last issue today,
which is the Sabal Palm development, the legal representative of that
corporation -- or that entity is Mr. Y ovanovich, who also happens to
Page 7
161 lA ~
February 7, 2008
represent Cocohatchee.
After Sabal Palm development discussion, I would like to
schedule a new agenda Item D, simply to clarify some direction
regarding what this panel and what the staff and what the applicant
expected in regards to the processing of the SDP for this project.
There seems to be some discrepancy over what we wanted or
expected from the SDP. Not from the settlement agreement, from the
SDP. So just to get that clarified while Mr. Y ovanovich is here this
afternoon.
Does anybody have any objection to adding that to the agenda?
(No response.)
CHAIRMAN STRAIN: Okay.
Item #4
PLANNING COMMISSION ABSENCES
Okay, with that, we'll move into planning commission absences.
On the 14th was our next scheduled meeting. We're now talking about
continuing it. So let's just plan on any discussion on that to go on later
on today.
So the next meeting is the 21st. Mr. Schiffer, we know you're not
going to be here. Anybody else not going to be here?
(No response.)
CHAIRMAN STRAIN: Okay, looks like we have a quorum.
Item #5
APPROVAL OF MINUTES - DECEMBER 12, LDC MEETING;
DECEMBER 13, LDC MEETING; DECEMBER 20, REGULAR
MEETING
Page 8
Fl!?~7,JoJ1 ~
Item number five on the agenda is the approval of the agenda.
December 12th LDC meeting. Is there a motion to approve?
COMMISSIONER MURRAY: I'll move that.
CHAIRMAN STRAIN: Motion made by Mr. Murray. Seconded
by?
COMMISSIONER VIGLIOTTI: (Indicating.)
CHAIRMAN STRAIN: Commissioner Vigliotti.
Any discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: 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.
December 13th LDC meeting. Is there a motion to recommend
approval -- for approval?
COMMISSIONER MURRAY: I'll move.
CHAIRMAN STRAIN: Mr. Murray.
Seconded by?
COMMISSIONER ADELSTEIN: I'll approve.
CHAIRMAN STRAIN: Mr. Adelstein.
All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
MR. MURRAY: Aye.W
Page 9
161 lAd-
February 7, 2008
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.
December 20th regular meeting. Is there a motion to approve
those minutes?
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Seconded by?
COMMISSIONER MURRAY: (Indicating.)
CHAIRMAN STRAIN: Mr. Murray.
Discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor, signify by saying aye.
COMMISSIONER SCHIFFER: 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.
Page 10
~e~ru~ 7h~8 ~
Item #6
BCC REPORT - RECAPS - JANUARY 29~ 2008
Ray, the BCC reports?
MR. BELLOWS: Yes, on January 29th the Board of County
Commissioners heard the Pezzettino PUD rezone. That was approved
on the summary agenda. The Chestnut Place PUD rezone was also
approved on the summary agenda, as was the Naples Dodge rezone
and the Hamilton variance. Those were all approved on the summary
agenda. That included the planning commission recommendations.
CHAIRMAN STRAIN: Thank you.
MR. BELLOWS: We have one more. There was -- on the regular
agenda, the PUD rezone for New Hope Ministries that was approved
5-0 on the regular agenda, subject to planning commission
recommendations, plus three other changes. They approved a
stipulation, except for the fence and wall waiver that was being
requested. They also required the church to hire law enforcement
during church events when traffic exceeds the countyis level of service
standards. And they also approved the treatment for stormwater in the
preserve stipulation that you provided, but added to the stipulation that
the church will have to restore the preserve areas if they die off.
CHAIRMAN STRAIN: Okay, thank you.
Item #7
CHAIRMAN'S REPORT
Chairman's report. I basically -- my comments are all under the
addenda to the agenda.
Item #8A
Page 11
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~
PETITION: CU-2007-AR-12384, ENTERPRISE LEASING
COMPANY
Consent agenda items. We've all received the Enterprise Leasing
Company's corrections. If there's no objections -- Mr. Kolflat?
COMMISSIONER KOLFLAT: I wondered, I was looking at the
report, we're just starting this, but the conditions are listed twice, the
same conditions. And in order to preclude any possibility of
inconsistency between the two statements, could we just have one
statement of conditions, rather than put it in twice?
CHAIRMAN STRAIN: Well, I was talking to Mr. Schmitt about
the process for our consent agenda item. And one of the problems that
staff has in the time frames for the consent agenda is reproducing a
new executive summary for each consent agenda. And I asked that -- I
suggested that I don't know why we would need an executive
summary twice, simply just give us the document with its corrections
and that would I think cure the problem and then we're off and
runnIng.
So I think what you're saying is accurate and we're in the process
of correcting that.
COMMISSIONER KOLFLAT: Yeah, because it seems a waste
of time to have to check the two to be sure that they're consistent.
CHAIRMAN STRAIN: I agree with you. And I think if staff
doesn't have any objection to not producing an executive summary
with a consent agenda, we can just get the document and not be fed an
executive summary as well.
MR. BELLOWS: I think we can live with that.
CHAIRMAN STRAIN: Okay. Anybody have any problems with
that?
(No response.)
CHAIRMAN STRAIN: Okay. That takes us to -- first of all, let
Page 12
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February 7, 2008
me -- is there a recommendation for approval of the consent agenda
items?
COMMISSIONER VIGLIOTTI: (Indicating.)
CHAIRMAN STRAIN: Is that--
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: -- approval?
COMMISSIONER VIGLIOTTI: Yes, it is.
COMMISSIONER MURRAY: (Indicating.)
CHAIRMAN STRAIN: Mr. Murray seconded.
Any discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: 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: Okay, the consent agenda passes.
Item #9A
PETITION: PUDZ-2006-AR-I0171~ BRANDON RPUD
Next is our advertised public hearing. The first one is Petition
PUDZ-2006-AR-I0171, Eastboume Bonita LLC, also known as the
Brandon RPUD.
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Will all those wishing to testify on behalf of this issue please rise
to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Are there disclosures on the part of
planning commission?
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I had a conversation with the
representative from Johnson Engineering regarding this outlining the
detail of the PUD zoned area. And that was it.
CHAIRMAN STRAIN: Are there any other disclosures?
(No response.)
CHAIRMAN STRAIN: I also talked to the Johnson Engineering
folks, as their representatives, and I talked to Mr. White as well. And
our discussions involved the same issues I'll be asking questions about
today.
Hearing no others, then we'll move forward in the presentation by
the applicant.
MR. WHITE: Morning, Mr. Chairman. Patrick White, law firm
of Porter, Write, Morris and Arthur, representing Eastbourne Bonita,
LLC, the petitioner in this matter this morning.
I'd like to start out by introducing the item and specifically
putting onto the record some of the matters pertaining to the actual
application, unless I can impose on Mr. Bellows to do that for me.
Simply to read off the notice, just the agenda item, so we have it on
the record as to the AR and all of the other matters.
CHAIRMAN STRAIN: Well, I think I read the AR into the
record when I announced the meeting.
MR. WHITE: Okay. Well, if that's adequate.
Then what we have for your consideration today is a PUDZ
rezoning from ago and ST to a residential planned unit development.
Present today I have with me Laura Spurgeon-Dejohn, Johnson
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Engineering, as well as the others who are here to answer questions, if
we have more detailed inquiries. Chris Hagan, Engineer; Laura
Herrero, Ecologist; and Alan Urfali, for Transportation TIS. As well
as Mr. Frank Chinnici, the Manager of the Eastbourne, LLC drove
down from Sarasota to be with us as well.
As an overview, we will have primarily a presentation by Ms.
Dejohn involving a power point presentation. The scope of that will
include the project location, what the actual request and intended
development pertain to, specifically focusing on TIS water
management utilities, do the site plan kind of conceptual site plan
overview, demonstrating compatibility with the surrounding
neighborhood. We'll talk about all aspects of the staff report.
Also have an overview of our neighborhood information
meetings of which we've had two back in October of '06 and in
September of '07, as well as a brief discussion about the EAC
recommendation and the ultimate staff recommendation today.
I will then wrap up with a summary.
And at this time I would just like to reserve some time at the end
of our presentation to be able to respond to any questions or public
comment.
We're well aware that there are issues pertaining to access and
interconnection. There may be concerns about buffering to some of
our neighbors to the northeast. Those are all matters that I believe that
we've fully considered, worked with the staff on with regards to the
concerns that have been raised, and believe that although we're not in
absolute agreement with what the staff recommendations are across
the board, in particular transportation, and some of our road
interconnections, that we have a presentation for you that is both
consistent with the GMP and compatible with the neighborhood and
the LDC such that we would hope to have your approval.
At this time what I'd like to do, unless you have any preliminary
questions, is to ask Ms. DeJohn to come up and we'll begin with our
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power point presentation.
CHAIRMAN STRAIN: Okay.
MR. WHITE: Thank you.
MS. DeJOHN: Okay, we're on.
And for the record, your application material shows my name is
Laura Spurgeon. I did get married in the year and a half that this
application proceeded through the process, so you'll also see
correspondence with my married name, Dejohn. That's D-E-J-O-H-N.
Okay. For your reference, I'm sure you're all familiar with the
project location. We're about a mile south of the Lee County line, two
miles north of Immokalee Road along the Livingston Road corridor.
This project is an aggregation of individual parcels, ranging in
size from two and a half acres, some five-acre parcels and a 10-acre
parcel for a total of 51.1 acres.
The project fronts on both Livingston Road to the west and
Veterans Memorial Boulevard to the north.
This image gives you a perspective of the surrounding
neighborhood. We've highlighted the existing community as it's
already been developed with primarily residential development. Some
established communities. Mediterra to the north, Pelican Strand to the
east beyond the FPL transmission line.
Verona Point is a townhouse community adjacent to the south
that's under development. And there's also a recently improved PUD
named Della Rosa that's adjacent to the west.
The future land use designation for the site is urban residential.
The site is in the northwest transportation concurrency management
area. But I think it's important to note that that location happens to be
not in some very usually challenging locations that the county often
imposes such as out in the east, the panther consultation area, we're
not in that area. The site is not within the coastal high hazard area
which is to the west. We're not in the traffic congestion boundary. So
the urban residential designation is set up to allow a neighborhood to
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develop here, and there aren't many of those constraints applied.
The site is zoned agricultural at this time. You see from the
zoning map the trend is to have PUD zoning much to the northeast and
south of the site. And Della Rosa's a new development, so that PUD
designation isn't shown.
There's also a commercial comer at the intersection of Livingston
Road and Veterans Memorial in close proximity to the site.
The request is from agricultural and special treatment overlay zoning
designation to residential PUD. The area that's in the special treatment
overlay is very slim at comers. The green on that map that you can
see, there's not much special treatment overlay on the site at all.
It's important to go over the site conditions as they exist. It's an
undeveloped site. It's vegetated, but there's heavy infestation of
exotics. The general regional flow in the area is from the northeast to
the southwest, but that's been severed by the development that you've
seen all around the property.
That leads to some indicators of shortened hydroperiods, plus the
increase in exotic infestation results in so much of the wetlands -- out
of39.7 total wetlands, 38 of those acres are at least 50 percent infested
with exotics.
The county's standards for enforcing preserves on the site is to
look at the native vegetation. Native vegetation, based on county
definitions, does total 47.2 acres. But again, the exotic infestation of
those native areas is at least 50 percent within almost all 43.78 acres of
the native vegetation.
So when the Brandon PUD goes to develop the preserve area of
-- at least 11.8 acres will be cleared of exotics, maintained in
perpetuity to improve the wetland conditions on that site.
The requested density is consistent with the Growth Management Plan
base density of four units per acre. The request is for 3.99 units per
acre for a total of 204 units on the site.
The PUD is set up for both single and multi-family units. A
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proportion of how the single and multi-family units will develop has
not been determined yet so the development standards table would
apply.
The single-family zoned height limit is 35 feet. Multi-family
zoned height is 50 feet.
There's a correction I want to note in the staff report, because that
was one error on Page 6. The staffreport states that the maximum
zoned building height is 35 feet for all residential dwelling units, and
that just got missed. The multi-family request was always for 50 feet.
The staff report also identifies that the request is consistent with
the Growth Management Plan. You will notice in the narrative of the
Future Land Use Element review on Page 4, the staffhad comments
about changes to the master plan in order to be consistent with the
Growth Mana~ement Plan, including connections to the properties to
the east, as well as pedestrian connection to properties to the west.
We'd like to discuss those in the relevance of those comments,
because again, the conclusion is that the project is consistent with the
Growth Management Plan and those were not stipulations in the
conclusion of our staff report.
The site is within the water and sewer service area. The TIS finds
adequate road capacity for the development. Water management
system will be consistent with district requirements. And also, the
wetland mitigation will be consistent with the strict requirements.
This is an image that wasn't in your packet. It's the master plan
that proceeded through most of the review process with county staff
until we got closer to setting of hearing dates.
You'll notice the preserve covers a majority of the southern
portion of the site, providing a large contiguous area exceeding
minimum standards with 13.24 acres of preserve.
The plan that you have in your packet is different, and that's on
the screen now. The current plan has been adjusted by transportation
staffs request. You'll see the interconnection arrow has been drawn in
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to connect to Verona Point to the south. That did sever that preserve,
that large preserve that we were anticipating. The plan would still
meet minimum requirements for preserve. However, it gets delineated
a little differently to accommodate that interconnection point.
This is a blowup of the location where the interconnection would
occur. And there's pretty specific language in the development
commitments of the PUD, due to the fact that this Brandon PUD only
connects to the Verona Point public access easement for a dimension
of20 feet. It's a 40-foot wide access easement. And where the
Brandon PUD property line is adjacent to that access easement is only
a 20- foot dimension.
Therefore, the transportation staff has encouraged a connection
just going southbound for that portion of the easement that we can
control, that southbound exiting lane connecting through Verona
Point, and only allowing an inbound right-in turning movement at our
desired Livingston Road driveway location.
As you can see here, the driveway location was shown to be
spaced as far as possible from that signalized intersection at Verona
Point and Learning Lane. And the goal for transportation staff is to
move all movements of the Brandon PUD south down through Verona
Point at the time in which that entire access easement can be
completed.
And this diagram is shown to give you the information that an
access point on Livingston Road for the Brandon PUD would be
consistent with access spacing up and down that corridor and should
be considered an addition to the interconnection down at Verona
Point.
We did request six deviations. Those are all addressed in your
staff report. I could go over those specifically if you need to.
We did have two neighborhood meetings: One in 2006, one in
2007, both at North Naples Middle School. Those are summarized in
your staff report. And you have correspondence from the neighbors
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that we'll be able to go through all the neighborhood issues.
We had a recommendation at the November 7th, 2007 EAC
meeting of denial based on wetland impacts. I tried to go over the
nature and the quality of those wetlands earlier in the presentation, and
we also have an ecologist here who can elaborate on that, if you have
questions.
Staff does recommend approval with four conditions of approval.
And those are listed here. The applicant is willing to accept those
conditions, and we can go over them as well.
That concludes the items I wanted to cover, and presentation, and
we're ready to answer any questions that you have.
CHAIRMAN STRAIN: Okay. We'll entertain questions from the
planning commission of the applicant at this time.
COMMISSIONER SCHIFFER: I have.
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Murray.
COMMISSIONER SCHIFFER: Laura, big concern is we're
really landlocking some property to the east. What is the status of
that? And isn't it true -- I mean, first of all, the special treatment, that
big block to the east is essentially a wetland; is that right?
MS. DeJOHN: That's right, it's a cypress head, according to the
ecologist. I'm going to get to that.
COMMISSIONER SCHIFFER: Obviously there's the one that's
just to the west of the middle of that is landlocked. The north of the
special treatment will become landlocked unless they can get access
through the FP&L right-of-way.
So, I mean, how can we in good faith do that?
MS. DeJOHN: Patrick, do you want to -- I'll let Patrick handle
that, because that gets into legal issues as well.
MR. WHITE: Thank you. And I just -- if I could have you repeat
the question, Brad.
COMMISSIONER SCHIFFER: The concern is the landlocking
of properties --
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MR. WHITE: Right.
COMMISSIONER SCHIFFER: -- to the east and maybe even the
ones to the south or -- yes, the south and southeast.
I mean, these people bought these properties. In most
communities there's an expectation of a grid road system. We don't
really do that much in Collier, even though our community character
plan scolded us for not doing that.
But in this case, I mean, can you address that, why --
MR. WHITE: Certainly.
COMMISSIONER SCHIFFER: -- that's a good idea?
MR. WHITE: I think that there are aspects of this that are wholly
legal in nature, and others that are to some degree part of a proper
planning consideration. It's fair to say that with respect to all of the
property owners, including the block that is the six parcels to the
southeast --
CHAIRMAN STRAIN: Mr. White?
Just -- Melissa, your discussions are muffling some tone.
MS. ZONE: I'm very sorry, Commissioner.
CHAIRMAN STRAIN: Would you guys mind taking it a little
way from the microphone? Thank you.
Go ahead, Mr. White.
MR. WHITE: If you look specifically at the six blocks forming
an "L" to our southeast, south of the ST colored blue, all of those are
Center Point Community Church. We have had extensive and lengthy
discussions with them. And in fact I think it's fair to say that there are
some still continuing degree of discussions about a variety of different
options. Some of them including in fact modifying this PUD to
include those lands.
We've not been able to come to a place where both parties agree
that it was in their mutual best interest to do such a thing at this point
in time.
But it is fair to say that where -- that they have access as a unified
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block through the Verona Point interconnection, if not directly
through their own property, the one that's the most westerly.
That leaves us to some degree focused on the six property owners
who are in the ST, five of whom I believe all but the most
northwesterly are represented by Attorney Craig Blume. And we've
had communications with Mr. Blume, both with regard to the potential
purchase of those properties and also with respect to the status of their
potential claim for access over our private road system.
There's a very precise set of statutes that exist in Florida about
claims for either a common law or a statutory way of necessity.
It's fair to say that there are approximately six elements that have
to be met, six conditions that have to be met by someone who claims
that as a dominant tenement holder. It's kind of like easements, you
have a dominant, the person who's kind of on top, and then a servient
estate owner. In this case the Brandon property would be the servient.
And what the elements in the statute basically require is that all
of those must exist before it can be judicially determined. In other
words, before you can go to court you have to have essentially met all
six of those elements.
We're not at a place, from the petitioner's point of view, that
those conditions have been met. An example would be are we in fact
going to be approved and established through that process what the
practicable nearest route may be? We believe that even if we are
approved there may be other routes. We're aware that there are
easements, for example, on the most westerly notched piece, west of
the ST that has a north-south running easement on it for road
purposes.
We're similarly aware that along the FP &L easement to our east,
at the south there are other holders of significant width of easements
where practicable alternate routes could be achieved.
So that element is certainly one that's in question.
The one that's key to us I think at this point is that we neither
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have an offer of or a methodology to determine what the appropriate
cost that the statute requires be paid as compensation for using our
roads. So we're not yet at a place where we can definitively tell you
that there will be a requirement that we have to provide an
interconnect and access, because at this point there's no present use of
the property.
So although the county's rules seem to talk in terms of adjacent
developments, and this was discussed I think in great detail as part of
Della Rosa, it's clear to say that as to that adjacent development,
which is now approved and essentially starting to come out of the
ground, there was from their side of our mutual property boundary no
requirement to interconnect.
As to all other property owners, we are, I believe, in a place
where their concerns either have not been raised or will be addressed
subsequently in the approval processes for site development plans or
plats.
So I think we've taken the issue and the ball as far as we can in an
effort to try to assure this commission and the board and the staff that
we're in a place where we're doing everything the law requires, we
will do everything the law requires, and anything that may be
determined by a court.
To that extent we've had significant and detailed conversations
with the county attorney's office, and we're in fact prepared to offer a
condition essentially agreeing that we would defend, indemnify and
hold harmless the county in the event that one or more of these
adjacent property owners would believe they needed to bring suit.
And include the county as a party. Certainly we ourselves would have
to defend that if we couldn't agree on what those prices should be
beforehand for the compensation that the statute says we're entitled to.
So I hope that isn't too much information, but I wanted to try to
give you both the legal, the practical and, most importantly, the
planning aspects of it for your consideration.
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COMMISSIONER SCHIFFER: Okay. Patrick, the -- just to help,
I mean, in the six to the south, we'll call that the church; the special
treatment, we'll call that special treatment. The one to the west, how
big a piece of land is that?
MR. WHITE: I think that's also two and a half acres, roughly.
COMMISSIONER SCHIFFER: That's two and a half acres?
MR. WHITE: Right. That's the one I believe has an easement on
its westerly side for a road north-south.
COMMISSIONER SCHIFFER: Would that easement go through
your property?
MR. WHITE: I'm sorry, it's on the eastern side.
COMMISSIONER SCHIFFER: And would that go through your
property?
MR. WHITE: It would touch the comers of that notch at the
north and south points.
COMMISSIONER SCHIFFER: And then where would it go
after that?
MR. WHITE: It would depend upon the ultimate road network
that we're going to build, which is going to be in part determined upon
where our preserves are going to be placed.
COMMISSIONER SCHIFFER: Okay. The piece that's to the
north of the special treatment, that's again two and a half acres?
MR. WHITE: Yes.
COMMISSIONER SCHIFFER: Are these all owned by the same
people?
MR. WHITE: No, there are different ownerships other than the
six that are held by Center Point. And as to the one that's most
northerly, that single parcel just to the south of our northerly portion
of the project, I believe that there is an access easement that already
exists for a drive there.
Plus there is, as I mentioned earlier, the FP&L easement. And
we're not aware that there is a specific objection or authorization from
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February 7,2008
FP&L. We are aware, however, that in other portions of that
right-of-way other private landowners have been able to secure
easements for the ownership.
COMMISSIONER SCHIFFER: Okay.
MR. WHITE: That would be in my opinion possible to create, as
the statute requires, an alternative practicable route.
COMMISSIONER SCHIFFER: Mr. Chair, I assume we're going
to run down one-by-one the deviations, so I have comments but I'll do
it then. Thank you.
MR. WHITE: Are there any --
CHAIRMAN STRAIN: As a follow-up to -- yes, as a follow-up
to Brad's comment, that westernmost square that he started talking
about, and that I believe you said has a southern easement?
MR. WHITE: It's a north-south running easement on the east
side, so that it would touch both the comers of the red line where the
red and the green lines kind of overlap.
CHAIRMAN STRAIN: Now, if you were to take that square and
go further west, you have a one depth square of your property there.
MR. WHITE: Yes.
CHAIRMAN STRAIN: That one depth square has a similar
easement north-south 30 feet on the east side of it as well. At least I
have that document in front of me.
If you were to provide a connection to your internal road south of
your lake number two from either one of those easements or both over
to your road, you're only going a very short distance and you'd
probably be curing an access problem. Is there at reason why you
couldn't do that?
MR. WHITE: I'm not aware of a technical or legal reason we
couldn't. My understanding is that we haven't had any real interest
expressed from that particular property owner about a concern, and we
may yet reach favorable terms for purchase. I don't -- we don't yet
know. I think everybody is waiting to see whether we're actually
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approved or not.
CHAIRMAN STRAIN: Well, what I'm trying to get at, if you
had a connection allowed to your internal road and it came from that
property, then that would give the other properties to the east the
ability to connect, if they could come together to make that connection
work for them. And if they couldn't, at least they weren't blocked out
completely of being able to negotiate a connection.
MR. WHITE: That is a distinct possibility. I think that everyone
would have to wait and see whether that in fact turns out to be the
nearest practicable alternative as the statute requires.
CHAIRMAN STRAIN: And I saw that Laura and the others
shook their head in puzzlement when I gave them the fact that there's
an easement on that property. It's OR Book 2026, Page 0511.
So after the meeting if you'd take a look at that, you might find it.
MR. WHITE: I believe you heard me originally state that I
thought it was on the west side and I thought they were correcting me,
and there may in fact be both.
But my review of the records last evening, I believe your
statement is one that I'm familiar with the facts of and is certainly
correct.
CHAIRMAN STRAIN: Those little easements help bring
connection. So I just was wanting -- you answered my question on
that, so that's fine.
Are there any other questions of a nature regarding
interconnections from Mr. White, while he's up here, before we go on
to other questions?
Mr. Murray? I think Mr. Murray had a question.
MR. WHITE: I'm sorry, Mr. Murray, my apologies.
COMMISSIONER MURRAY: No, I understand.
How do the landowners to the west, the ones that are in question
here, how do they now visit their property, if they in fact they visit
their property? How did they gain access to their property on the
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occasion of purchasing it? What rights do they currently enjoy, if any?
MR. WHITE: I'm not familiar with the title of those properties to
any degree to know whether there are other additional easements that
they may have. I do not know personally how they access those
properties.
I do know that it is heavily vegetated. Much of it in terms of the
access from the west is so thoroughly infested with melaleuca that it's
almost impossible to pass through from that side. So I really don't
know if ever one or more of those property owners have gained access
to it. And if there's someone present who can answer that question
under public comment, I'd certainly encourage them to do so.
COMMISSIONER MORRAY: Looking at the bottom of the
diagram, there seems to be a road that passes Ravina Way going north
from Livingston. Do you see that road that jogs there, takes an
oblique? I think it's a road anyway. It's part of what would eventually
become an easement as you go north.
MR. WHITE: You're talking about the platted Verona Point
40- foot wide access easement?
COMMISSIONER MORRAY: I am only if you tell me that's
true, because I can't see it from that document. But I do see two lines
that appear to represent either a road or a space that leads toward the
easement, the FPL easement.
MR. WHITE: Oh, you're further to the east. I'm sorry.
COMMISSIONER MORRAY: That's the one, right there.
MR. WHITE: That parcel there that Laura has the curser on --
COMMISSIONER MORRAY: Yes.
MR. WHITE: -- is in fact I believe a fee simple ownership. And
it is held I believe -- give me a second. It's not WCI. I can tell you who
it is that owns it, but it was what I was specifically thinking of when I
referred earlier to the idea that there are fee simple holdings where
routes of access would be possible as practicable alternatives.
COMMISSIONER MORRAY: Well, yeah, that was your
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conjecture and that's what I was trying to establish, whether or not that
was a potential there or whether it was a legitimate means by which
either the FP &L people continue to run their trucks through, or
whatever.
I guess it all-- and I'm not really clear, I thought that our legal
counsel gave us good guidance in the staff report here. But it's an
interesting question. Good planning suggests that you don't tie up
other people's property. On the other hand, if they didn't have right of
access in the first instance, then that becomes a second question to
.
reVIew.
MR. WHITE: The ownership in question is one that is held by
Pulte. And we are aware of it and have some of the referenced
documents, including the deed, if that's something you'd like to know
more about.
COMMISSIONER MORRAY: Well, from my part I think what
-- the encouragement from our attorney is what I'm going to rely upon.
Thank you.
MR. WHITE: Certainly. But in that regard I'd just say again that
we have agreed to what I'll just for simplicity sake call an indemnity
condition in that regard.
COMMISSIONER MORRAY: That's what I'm referencing.
MR. WHITE: And I'm sorry, I thought there was another
question, Mr. Chairman?
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Where do you plan on
building your units?
MR. WHITE: When?
COMMISSIONER ADELSTEIN: Where.
MR. WHITE: Where.
COMMISSIONER ADELSTEIN: Where are they going to be
built?
MR. WHITE: I'm going to allow Laura to give you a more
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precise answer. That's something that certainly she has more
familiarity with.
COMMISSIONER ADELSTEIN: Fine.
MS. DeJOHN: The question was where will the units be built?
COMMISSIONER ADELSTEIN: Yes.
MS. DeJOHN: Okay. The master plan indicates a symbol "R" for
residential. The units would be placed up and down along the road that
runs through the property.
An "R" has not been placed down near the new V erona Point
interconnection, but it would be the request of the petitioner to allow
residential units adjacent to the preserve and east of that
interconnection drive, if the interconnection drive is enforced.
COMMISSIONER ADELSTEIN: So therefore you're talking
about all the "Rills where all the "Rills are, that's where they're going to
be built?
MS. DeJOHN: Yes. Where the "Rills are, there's continuity
between the "Rills, and there would be units along those roads, yes.
COMMISSIONER ADELSTEIN: And how many units are you
going to be putting in there, 204?
MS. DeJOHN: 204.
COMMISSIONER ADELSTEIN: And there is any type of
building structures you're planning on making or using?
THE COURT REPORTER: I'm sorry, building--
CHAIRMAN STRAIN: Building -- you need to keep the mic
closer to you, Mr. Adelstein.
COMMISSIONER ADELSTEIN: Do you have any idea as to
how this is going to be developed?
MS. DeJOHN: Yeah, the question was about building structure
and how it would be developed.
The PUD allows for both single-family and multi-family units,
and that including town homes and duplex, two-family type units, that
the ultimate unit type has not been determined. It would be determined
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closer to construction when the market can be best suited for what
type of development is appropriate.
So there's a flexibility built into the PUD to allow either
single- family or multi-family.
COMMISSIONER ADELSTEIN: You don't really then have a
plan for any of those developments.
MS. DeJOHN: The applicant has not determined the unit type
yet, no.
COMMISSIONER ADELSTEIN: Thank you.
CHAIRMAN STRAIN: Okay, we're finished up on the
interconnection questions at this time. There will probably be more
later on.
And now regular questions from the planning commission on the
balance of the presentation by the applicant and the documents in front
of us.
Mr. Midney then Mr. Kolflat.
COMMISSIONER MIDNEY: Yeah, my first question is: Have
you given any thought to what you'll be doing to help the affordable
housing crisis in Collier County?
MS. DeJOHN: We've given thought to the status of the
affordable housing situation in Collier County. The availability of
units now in the hundreds and $200,000 range is far greater than it was
a year or two ago. So therefore, there doesn't seem to be an imminent
need for this development to provide those type of units, since they are
on the market under current conditions today.
COMMISSIONER MIDNEY: Are you thinking of making a
contribution to the affordable housing trust fund?
MS. DeJOHN: If that's deemed to be necessary for this
development to be approved, that contribution could be made, yes.
COMMISSIONER MIDNEY: Is that a commitment?
MS. DeJOHN: It's a strong willing list to consider, yes.
CHAIRMAN STRAIN: There are no rules or regulations in the
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LDC --
COMMISSIONER MIDNEY: Right, it's not an obligation, I'm
just asking for your interest, I guess.
The second question I have is what were your thought processes
behind deciding to development 75 percent of a property that is 78
percent wetland? And why did you feel that you needed to develop
that much of it?
MS. DeJOHN: The need to develop that much is based on the
inverse of the preserve requirement. We started with a preserve
requirement to determine what remaining area of the property could
be developed. The water management system takes up at least 15
percent of that remaining area. The road system takes up a substantial
portion of that remaining area. And then in order to achieve units on
the site in this specific situation of the boundary that we have, it's the
most appropriate way to get that number of units on the site.
COMMISSIONER MIDNEY: Why did you decide to go for four
units an acre if you had 78 percent of the land that's wetland?
MS. DeJOHN: The request for four units per acre is based on the
project's location in the urban area. It's best to concentrate
development in the urban area. Those are planning principles, smart
growth principles that the project espouses to. And it would be less
efficient to what I would call sprawl a low density development on
this site in the urban area where stores, schools and services are in
close proximity. Given the low, low quality of the wetlands on the
site, the opportunity here is to improve at least 11.8 acres of those
wetlands to the proper functioning quality that they should be. By
doing the development those -- that acreage goes into preserve and
gets cleared of exotics and maintained in perpetuity, while allowing
people to live in an urban setting where they are close to those
.
serVIces.
COMMISSIONER MIDNEY: You talked about the exotics
infestation as though that were something permanent. Exotics, there
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are ways of removing exotics, and in the future there may be
biological controls that will make it easier to keep down melaleuca
and Brazilian pepper.
That's all my comments, thank you.
CHAIRMAN STRAIN: Mr. Kolf1at?
COMMISSIONER KOLFLAT: Yes, could you--
MR. WHITE: May I further respond, Mr. Chairman, to Mr.
Midney's first question--
CHAIRMAN STRAIN: Go ahead, sir.
MR. WHITE: -- if you'd allow me to, or desire me to. Thank you.
CHAIRMAN STRAIN: That's his question on affordable
housing?
MR. WHITE: Affordable housing.
CHAIRMAN STRAIN: Go ahead.
MR. WHITE: Yes, we understand that there was, in the height of
the housing market, I guess I'd say a frenzy of activity where prices
were certainly much higher, as Ms. Spurgeon alluded to. At that time
there was a commitment from any number of residential projects to a
dollar amount contribution per residential unit.
We believe that that -- given the drop in market prices, and I
don't know that we've seen the bottom of that yet, that a dollar figure
of 500 per residential unit would be a reasonable suggestion and
contribution at the time of building permit for that type of a trust fund
commitment for this project.
And I hope that that addresses Mr. Midney's concerns and we're
able to at this point at least see if that is something that is helpful.
As to the specific questions earlier about easements, if I could
just take us back a moment, Mr. Chairman, to address your point and
my observation about where there are easements and where there may
not be, I want to make sure I've corrected the record, because I may
have been referring to a different parcel than you are. So if I could just
take us back a moment, with your permission.
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CHAIRMAN STRAIN: Sure.
MR. WHITE: Thank you.
To start out, what we have -- if I may use my pen. The property
in question that's the notched piece to the west of the ST, and you can
see if the color is showing well enough through the visualizer, the ST's
are colored green.
The one property owner that I know Mr. Blume does not
represent and that I was specifically referring to, and I'll show you an
aerial in a moment, is the Butler parcel. That is the one that I was
aware of that had a north-south running easement.
The Meruzziac (phonetic) parcel I believe you may have
reference, Mr. Chairman, is that --
CHAIRMAN STRAIN: No. I may have referenced it, but that's
the one Brad started his discussion on was the Meruzziac parcel. The
Eastboume parcel immediately to the west of the Meruzziac parcel is
the one that I have a document that shows is a 30- foot easement on the
east side of that parcel.
MR. WHITE: And understood. And by acquisition of all of the
parcels I believe to the north and south there's at least a theory that
under unity of title they may have -- that the easement may have been
absorbed into the fee. I don't have a title opinion that tells me that
there still would be access entitled to Meruzziac across that or not, but
I understand your point.
I just wanted to clarify that the parcel I was talking to, and I'll put
the exhibit now on the visualizer, is again the yellow colored Butler,
and that is the one that I was aware of that had an easement similar to
the one you were describing we have, except ours is on the east and
this is on the west.
And I thank you for allowing me to clarify.
CHAIRMAN STRAIN: Thank you.
Okay, Mr. Kolflat, I think you were next.
COMMISSIONER KOLFLAT: Yes. Could you put on the
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overhead that site plan that you had previously? The master.
Now, it shows three areas there that I think are water retention; is
that correct?
MS. DeJOHN: Correct. Three lakes, yes.
COMMISSIONER KOLFLAT: Now, in the traffic impact
statement you show a site plan that has four lakes. What is the
discrepancy or the difference?
MS. DeJOHN: The traffic impact statement predates the latest
negotiations and master plan tweaks that were done in recent months.
Since the TIS was approved early in the process, the specifics of
where lakes are located did not get rectified in that TIS drawing.
COMMISSIONER KOLFLAT: The one on the TIS is incorrect
then?
MS. DeJOHN: Exactly. It --
COMMISSIONER KOLFLAT: Thank you.
MS. DeJOHN: -- predates this.
COMMISSIONER MORRAY: Mr. Chairman?
CHAIRMAN STRAIN: Is that all, Mr. Kolf1at?
COMMISSIONER KOLFLA T: Yes.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Bringing your attention down to
where you've drawn in a dotted arrow to a road that is down there
where you see PUD, Verona Point, that would be the interconnection
point?
MS. DeJOHN: Correct.
COMMISSIONER MORRAY: There appears to be a bit of a jog
in there or a slice or however we wish to describe it. If we were to take
the parallel lines from what appears to be Verona Point and place it
against your property, it seems to be if you're going to get a road of
sufficient width, it looks like you're going to have to cross another
parcel; is that correct?
MS. DeJOHN: That's correct.
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r
COMMISSIONER MURRAY: And is that parcel within -- do
you have an easement for that or do you have an agreement of some
sort associated with that?
MS. DeJOHN: No. And I'll just move to the little more clearer
image of what you're describing.
There's a 20-foot dimension that -- there's a 40-foot public access
easement on the Verona Point property that is directed toward both
Brandon property and Center Point Community Church property.
Twenty feet of that access easement connects to the Brandon property.
A 20- foot wide dimension connects to the Center Point Church
property. We do not have control or do not have an agreement and do
not have an easement over that Center Point Church property at this
time.
COMMISSIONER MURRAY: How would you solve the
problem if transportation desires that you should have that type of
access? I assume that county has -- or you have entered into
negotiations with somebody along the line.
MS. DeJOHN : Well, terms have been written into the
commitment language for this connection so that the 20 feet -- the
20~ foot width dimension that we have control over would be
immediately built as a southbound only one-lane connection.
COMMISSIONER MURRAY: One lane. I heard that earlier.
MS. DeJOHN: And at a future time that the church property ever
develops or comes to an agreement on this issue, that at that time
would the full two-way road system come to fruition.
COMMISSIONER MURRAY: To your knowledge, are county
transportation staff satisfied with that as being adequate access for
their purposes?
MS. DeJOHN: They've recommended this.
COMMISSIONER MURRAY: They recommended it. So they --
okay, that's good. I wanted to have that as understood, thank you.
CHAIRMAN STRAIN: Okay, are there any other -- Ms. Caron?
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COMMISSIONER CARON: So far you're not giving any actual
height. You've given zoned height but no actual height. So a 50-foot
multi-foot zoned potential building with no maximum to that, with no
actual height to that.
MS. DeJOHN: Right. Only the zoned height is given in the PUD
document.
So measuring from finished floor to the flat -- the top of a flat
roof or the midpoint of a pitched roof.
COMMISSIONER CARON: Somewhere I thought I had read
that you were limiting multi-family to three stories.
MS. DeJOHN: That's correct. And that --
COMMISSIONER CARON: I don't see that on your standards
table.
MS. DeJOHN: You're right. That can be included in the
standards table. I mean, a 50-foot height can only allow so many
stories. And as it became more of an issue through neighborhood
discussions that stories needed to be limited as well, a three-story limit
is acceptable to the applicant and can be placed in the PUD document.
CHAIRMAN STRAIN: Anything else, Ms. Caron?
COMMISSIONER CARON: Not right now.
CHAIRMAN STRAIN: Any other questions of the applicant at
this time?
(No response.)
CHAIRMAN STRAIN: Okay, I have a few.
During the neighborhood informational meeting you provided
some information. Some of the answers have been already supplied, a
couple have not. One said -- one thing you said during that meeting is
that we'll take steps to protect the cypress head (special treatment area)
east of the project. What steps have you taken to protect that cypress
head?
MS. DeJOHN: The alignment of the preserve on the Brandon
PUD -- and I'd like to go to the master plan there.
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The -- we did have a pre-application meeting at the district and
discussed the best location for preserve, based on surrounding
conditions and connection to off-site potential preserve areas. And the
location of that cypress head east of the Brandon PUD allowed for an
alignment of a preserve on the Brandon PUD that connects it in its
natural regional direction of flow from the northeast to the southwest.
So that was the opportunity afforded by Brandon PUD to provide
enhancement to the conditions there at the cypress head.
And I got a nod from the ecologist that that was the -- you know, that's
a planner's take on the ecology.
CHAIRMAN STRAIN: During that neighborhood informational
meeting, some of the neighbors expressed a concern about the buffer,
and I believe it was the one on the east, and said the agents for the
applicant stated they will plant the required buffer for county
regulations and nothing more. Staff has assured the residents that this
concern will be addressed in the staff report and would be requested as
a stipulation of approval. Staff is requesting to have an enhanced
buffer along the eastern boundary incorporated into the RPUD.
I didn't see that in the RPUD. Is there an objection still from your
team to supply an enhanced buffer along the eastern property line?
MS. DeJOHN: There's no objection. And the staff condition for a
IS-foot type B buffer along the -- it's stated the north and east property
line, that's acceptable to the applicant and can be shown on the master
plan as well.
CHAIRMAN STRAIN: So the master plan that we're looking at
now on the screen is inaccurate then, right?
MS. DeJOHN: The labeling of that buffer on the north and east
property line would become a IS-foot type B buffer, yes.
CHAIRMAN STRAIN: I've got deviation questions, but I'll hold
off on those for more or less probably staff.
In your application for the PUD, you listed associations, or you
were requested to list associations for notification. And you didn't do
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so. Do you know why?
MS. DeJOHN: Under the associations there are -- the association
asked for associations affiliated with this petition. We were asked by
staff to include associations that are surrounding the property, not
affiliated with the petition. Those surrounding associations are listed
in the application.
CHAIRMAN STRAIN: Do you have those (sic) application in
front of you?
MS. DeJOHN: Yes.
CHAIRMAN STRAIN: Could you put it on the overhead then?
Because mine doesn't have any associations listed.
Those are names of projects, they are not associations. If you go on
line, you will find out they are not associations, they are name of
projects.
I think when the application asks for association names, if you go
into the text, the Clerk of Courts site or to the state corporation site,
you will find associations named for all of those.
From now on in an application I think it would be necessary that
if it's asking for associations, that's what we put there and not names
of projects.
Is that something that staff will be correcting in the future, I
hope?
MR. SCHMITT: Yes. For the record, Joe Schmitt.
Yes, we note your concern. We do have that information. It's
easily accessible through the community development staff,
specifically the PUD monitoring staff who keeps records -- attempts to
contact and keep records of all associations and homeowner
associations and the presidents of those associations.
And the reason we need that information is because that's how
the applicant is made aware of who they have to contact in regards to
a neighborhood information meeting.
So we will make sure that's identified when we take projects in
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February 7, 2008
on the intake team.
CHAIRMAN STRAIN: Okay. And I think as you said, it is
readily available. Whether it's provided by the county or the applicant
wanted to look it up themselves, it's -- I found it in two different
sources, so I know they could have found it.
MS. DeJOHN: Is the Collier County Association listing one of
those sources? Because that's the one available. And there were not--
CHAIRMAN STRAIN: Do you have Internet access where you
work?
MS. DeJOHN : Yes. And I'm referring to that. The Collier County
Association's listing, the community information on the Collier
County website.
CHAIRMAN STRAIN: Right.
MS. DeJOHN: That was the source.
CHAIRMAN STRAIN: Well, if you needed to provide the
information and you needed a source of it, why don't you just get the
information -- you know that Mediterra's got a homeowners
association, and you know that each one of these do. They all operate
under HOA's. Why won't you just provide it, regardless of what the
source is? I don't --
MS. DeJOHN: Well, I relied on the available sources that I had.
CHAIRMAN STRAIN: Okay.
Tom, did you have a question? And by the way, Tom Eastman is
a member of the planning commission, a non-voting member. He
represents the school board and will obviously help us with any school
related issues. Go ahead. Tom.
MR. EASTMAN: Thank you, Chairman Strain.
I just wanted to make the applicant aware that the school district
is currently constructing a traffic signal at the comer of Veterans
Memorial Boulevard and Livingston Road. And we also have in place
an interlocal agreement with the county that requires reimbursement
from future developers.
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February 7, 2008
We believe that you'd be one of those future developers that
would benefit from that traffic light, and this would require a traffic
study in coordination with the county transportation department to
determine your proportionate share impact.
CHAIRMAN STRAIN: Tom, I sometimes forget, so you may
just have to wave a little bit so I catch you down there. And sorry that
we don't have 10 seats up here, but as long as you don't mind, we'll
keep plugging ahead like we are.
MR. EASTMAN: I don't mind at all. And it's an honor just to be
here. And thank you.
CHAIRMAN STRAIN: Appreciate it.
And before the meeting Tom left in front of us a document that
was titled Interlocal Agreement by and between Collier County and
the School District of Collier County. It's OR Book 4281, Page 1295.
And he asked that that be submitted as part of the record. A copy was
left with the court reporter. And I don't know, maybe the applicant had
received a copy. Ifhe hadn't, I'm sure Tom can provide you with one.
MR. WHITE: Mr. Chairman, Mr. Eastman was gracious enough
to provide us with a copy and we did have an opportunity before the
proceedings began to discuss in particular paragraph five that talks
about the reimbursement ofprojects costs.
And my understanding is and our commitment is that we will
work with the county under the proportionate share calculations to
make those payments at the first of SDP or plat, so that we're covered
by the proportionate share umbrella and in fact we're going to make
the appropriate contribution pursuant to this agreement. And I thank
Mr. Eastman for making us aware of it.
CHAIRMAN STRAIN: Okay, thank you.
And Tom, if there's any further clarification needed, just let me
know.
MR. EASTMAN: Thanks, that's good. Thank you.
CHAIRMAN STRAIN: Laura, I still wanted to continue with my
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questions. Could you put your site plan back up here, please.
MS. DeJOHN: Yes.
CHAIRMAN STRAIN: Does the "R" residential district that you
have shown on here include the roads? Are they part of the "R" district
or are they another type of --
MS. DeJOHN: They are right-of-way -- no, the roads are not "R"
residential.
CHAIRMAN STRAIN: Okay. If you could turn to Exhibit A
under your residential area, Page 2. In the -- under the residential
section on Page 2 you have accessory uses listed. Guardhouses, gate
houses and access control structures. Were you intending for those to
be in the road system?
MS. DeJOHN: They may fit adjacent to the road, yes.
CHAIRMAN STRAIN: Well--
MS. DeJOHN: Guardhouses would be adjacent to the road.
CHAIRMAN STRAIN: So your access control structures or
anything that operates in the road system, you don't have any
provisions for that. What you have are items that would operate on the
residential portion of the property.
I just want to make sure that -- this was a little odd to see it
placed here. Usually they just have general uses on the property and
they list these in that category, not under the residential tract.
But if you're comfortable with that, I'm sure staff will have an
interesting take on it when it comes through under the process.
Ray?
MR. BELLOWS: Yeah, I think we'll just work with the applicant
to get clarification before it proceeds to the board. I believe you are
correct, that would be under a general type of category and not
accessory to the residential tract, which would be forcing it on the
residential tracts.
CHAIRMAN STRAIN: And you have listed here common
recreational amenities. Usually those are on recreational tracts,
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Q-
especially if you have a homeowners association and you establish
common areas.
Did you intend not to have a separate recreational tract on this
property but it's going to be part of the "R" residential section?
MS. DeJOHN: The location of the common facilities have not
been determined, so it was listed as a use within the residential area,
yes.
CHAIRMAN STRAIN: Okay. On your development standards
table, Exhibit B, would you please -- we need to get an actual height,
what your actual height -- your maximum actual height going to be?
MS. DeJOHN: Not having buildings determined yet for the site,
an actual height would be derived from the actual building. We could
provide an estimate for an actual height that can go in this document
55 feet.
CHAIRMAN STRAIN: Well, Laura, let me put it this way: If
you don't provide an actual height, I certainly can't vote for it. So you
either provide an actual height like everybody else in this county has
been asked to do, or as far as I'm concerned you don't have -- that
doesn't meet the qualifications that I see needed for this project.
You're looking at 55 feet?
MS. DeJOHN: In multi-family units, yes.
CHAIRMAN STRAIN: So your actual height in the multi-family
unit is five feet above your zoned height.
MS. DeJOHN: Because we assumed that as a maximum and we
assume we can fit three stories within an actual height of 55 feet, yes.
CHAIRMAN STRAIN: Okay, what -- go ahead, Brad.
COMMISSIONER SCHIFFER: Laura, be careful, because, you
know, you have elevator overruns and roofs on top of those. You're
going to pinch yourself with --
MS. DeJOHN: Well, you know, I'm familiar with building height
limits of three stories and 42 feet and where that can occur, assuming
that a residential structure can fit within three stories and actual height
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of 55 feet.
COMMISSIONER SCHIFFER: Yeah.
MS. DeJOHN: If you recommend we go higher, we will.
COMMISSIONER SCHIFFER: Well, I mean, I actually wanted
to talk about the stories concept, too. I mean, but I don't want to
interrupt Mark's --
CHAIRMAN STRAIN: No, go ahead, Brad. I mean, I'm just
going to move past this once you get done, so let's just stay on it and
I'll go to my next --
COMMISSIONER SCHIFFER: Laura, one of the advantages, I
note the height, but you are going to be remote from a lot of
properties. One of the advantages of multiple stories cures Paul's
problem of, you know, taking up too much land.
So the reward for multiple stories is not just height, it's the ability
to use less land to build the units. So I kind of think we should discuss
that before we throw that away real quick. Because this site has a lot
of nice land on it. I would like to see less, you know, building
coverage as one of the things we do here today. And taking the floor
off of the building might do that.
Now, if it's backing up on somebody's residential, that might be
an issue and we could restrict where in that occurs. But anyway,
before we throwaway the fourth floor, I think we should discuss the
benefit of it.
CHAIRMAN STRAIN: Ms. Caron, did you want to comment?
COMMISSIONER CARON: Well, the only thing I would say is
we have again got a PUD in front of us and we have absolutely no
plan for it. We have a laundry list of every conceivable housing type
in the world. So unless you're going to take away some of those other
housing types, you're not going to accomplish what -- giving them
extra height.
COMMISSIONER SCHIFFER: Or we restrict where, you know,
they can put four-story buildings and then leave the rest of it. I mean, I
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think there are parcels on here that could have it. And again, their
reward would be to solve less disruption to the property.
CHAIRMAN STRAIN: But see, you've got no guarantee with
your argument that that's going to happen. And I don't think that this
board ought to be encouraging more of something, but less of
something is really the goal rather than more of -- we've got too much
density and height in this county now.
And Brad, I think if she's willing to go with 55 feet, that works.
Three stories works. I don't see a need to change that.
COMMISSIONER SCHIFFER: Again my point is that extra
floor is not going to disappear. It's just going to go someplace else and
it's going to take up more land. I mean, that's -- if the neighbors had
concerns over viewing these things, I understand that. And if we could
limit where it occurs so that they don't have to, I think it's appropriate
to keep the height, again, just to preserve more groundcover.
COMMISSIONER CARON: Brad, I --
CHAIRMAN STRAIN: Go ahead, Ms. Caron.
COMMISSIONER CARON: Brad, I think that that concept is
great if you can then also stipulate -- and if we had a legitimate master
plan in front of us, we could do that. Then you could say take another
story here and add to your preserves. But unless you stipulate
additional benefits to the community, we won't get those benefits,
we'll just get more height.
COMMISSIONER SCHIFFER: I agree, we have to stipulate. For
example, one thing Laura said that terrifies me is that if they bring that
road down that she actually wanted to put residences, you know, up
against Livingston Road. So I definitely think we want to --
MS. DeJOHN: The location of the residences I referred to was
east of the connector road. So that would be not --
COMMISSIONER SCHIFFER: But even in that area. So in other
words, I think you'll find me wanting to get multi-family out of an
area like that.
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And I think we could restrict where different types of housing
occurs.
MS. DeJOHN: And I'll explain that request as well by putting the
residential along that connector road, it's to balance the extra preserve
that will have to be placed in the remainder of the site. It's a tradeoff
of areas that were going to be developed now would have to become
preserve, based on the new alignment of that connector road.
COMMISSIONER SCHIFFER: Thanks, Mark, for the
interruption.
CHAIRMAN STRAIN: No problem. We've got to get it all on
the table.
Laura, to follow up with that discussion, and Brad brought out a
good point along Livingston Road. That strip that is contiguous to
Livingston Road between the preserve and Livingston, would you
have any problem limiting the product in there to single story?
MS. DeJOHN: So you're referring to the -- where the connector
road turns south, between the connector road and the preserve area,
limiting to a single story?
CHAIRMAN STRAIN: No, between the preserve area and
Livingston Road. I don't care what side of the road you put it on.
Between the preserve area and Livingston Road, that entire white area
south of your main road would all be limited to single story.
MS. DeJOHN: Yeah, there's a hesitation to commit to that. I
think the location we're requesting, which would be east of the
connector road, would allow adequate distance from Livingston Road
for views of those buildings. Just like Verona Point, you can see where
the units line up adjacent to Livingston Road, and those are two-story
town homes up to 45 feet.
CHAIRMAN STRAIN: So you would object to using -- limiting
single story in there?
MS. DeJOHN: Correct.
CHAIRMAN STRAIN: On your development standards table,
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February 7, 2008
Exhibit B, you have minimum side yard for single-family at six feet,
but you have minimum distance between structures at 10 feet. How do
you get there?
MS. DeJOHN: Well, both could be their minimums. If you're
interested in matching those numbers, the 10 feet could be changed to
12.
CHAIRMAN STRAIN: No, I'm not matching them. But if you've
got minimum side yards of six and you're six and six, how do you get
to 10? If you've got one house with -- each house is six feet apart on
each own property line, you've got a minimum of 12 feet, so why
would you ask for a minimum of 10 feet?
MS. DeJOHN: Well, the allowable encroachments in the side
yards, like chimneys, bay windows, things like that, would protrude
into a side yard and therefore there's a conceivable narrower area than
12 feet.
But if you're comfortable with 12 feet, that can be changed to 12
feet.
CHAIRMAN STRAIN: Okay, under single-family, attached and
townhouse you have 0 or 7.5. So wouldn't it be 0 or 15?
MS. DeJOHN: Well, the -- so 15 -- I see what you're asking. Zero
or 15 at the minimum distance between structures?
CHAIRMAN STRAIN: Right. I'm just matching up what you've
said is your minimum setbacks. And if you add two of them together,
which is a side-by-side arrangement, how can you get down to the
number you're at? That's why I'm -- so I'm going to be going across
that entire column in the same manner.
Do you have any problem if it matches the minimum side yard as
I'm indicating?
MS. DeJOHN: That's fine.
CHAIRMAN STRAIN: The next one, zero lot line is zero and 12
and you have 10 feet. So your minimum distance would be -- on that
one it would be 12 feet.
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if-
Under two-family you have zero and six feet, so that should be
zero or 10 feet -- or 12 feet.
MS. DeJOHN: Twelve.
CHAIRMAN STRAIN: Twelve feet, I'm sorry. Duplex is six
feet, so that would have to be 12 feet.
MS. DeJOHN: Correct.
CHAIRMAN STRAIN: And the last two are based -- or the last
two are not residential units, so they're not -- the last one is
multi-family, it's based on half the building height, so that's fine.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir, go ahead, Brad.
COMMISSIONER SCHIFFER: Laura, would you mind making
that your 20 feet greater than 20 feet?
MS. DeJOHN: That would be fine.
COMMISSIONER SCHIFFER: Just to save your fire code --
MS. DeJOHN: We'll just put a greater than symbol.
COMMISSIONER SCHIFFER: That's all.
Thank you, Mark.
CHAIRMAN STRAIN: You bet.
COMMISSIONER SCHIFFER: I have one more question on the
chart. Can I?
CHAIRMAN STRAIN: Yeah.
COMMISSIONER SCHIFFER: Four, you want to measure yours
from the first floor. What's wrong with the way we measure it by
default in the county, which is from the flood elevation or something?
In other words, essentially you could maybe lift your building
above parking or something and start measuring from the first floor. I
mean, you might have a story argument somewhere, but -- in other
words, number four, I don't know if that's necessary, because we do
have a definition in the LDC.
MS. DeJOHN: It's in the code. I'm comfortable with going with
the code definition, that's fine.
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CHAIRMAN STRAIN: So you'd strike footnote four to the table.
MS. DeJOHN: Yes.
CHAIRMAN STRAIN: Is that it, Brad?
COMMISSIONER SCHIFFER: Yes. Thank you, Mark.
CHAIRMAN STRAIN: Under footnote five, you talk about
preserve setbacks, and they've become a hot issue lately in the county.
It says, preserve setback of 10 feet for accessory structures also shall
apply to any site alteration, although fill may be approved to be placed
within 10 feet of the upland preserve but may not be approved to be
placed within 10 feet of a wetland preserve.
You're asking for a deviation from the code?
MS. DeJOHN: No, that was code language.
CHAIRMAN STRAIN: Okay, then we can strike it all; is that
correct? If it's in the code, then why do you need to repeat it in this
table?
MS. DeJOHN: Because as often as the code changes, sometimes
it's a comfort level to know what the standard is being applied for this
PUD.
CHAIRMAN STRAIN: Well, in that case, we might want to
repeat the whole code then in this PUD, wouldn't you say?
MS. DeJOHN: Well, hot issues, like you said. And this being a
hot issue, it's allowing some certainty on what the standard will be.
And actually, the environmental staff does encourage us to put
their, you know, kind of development standards in here, because they
must fear they would be forgotten.
CHAIRMAN STRAIN: Well, they change them more than
anybody, so I'm not sure there's maybe -- I'm not sure why they do
that.
The concern that drew my attention to this is especially was the
word "may".
And is there a criteria in the code that provides, Ray, the word
"may" to be qualified? Because having it in a PUD seems to make it
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even more unqualified. At least in the code we might have a basis for
the word "may" being exercised. I'm not sure that there's any basis in
the PUD as to who could argue why the use of the word "may" is
exercised in any manner here.
MR. BELLOWS: Yeah, for the record, Ray Bellows. You're
correct, there's no definitive way to enforce "may".
CHAIRMAN STRAIN: Well, I'd just as soon see it removed. If
it's in the code and we've been -- this board has repeatedly tried to
keep things that have been in the code out of PUD's, because they're
consistent with the code. And if the code changes, you'll have to live
with it.
But anybody else have any comments on that?
(No response.)
MS. DeJOHN: Okay, that will be stricken.
CHAIRMAN STRAIN: Okay, back to deviations. And I know,
Brad, you had started with some concerns over the deviations. Why
don't we start then with you and we'll walk through all the deviations
and get a standing on those. And we're -- deviation number one is
where we'll start then.
COMMISSIONER SCHIFFER: Okay. I think maybe what I'm
not sure is I understand deviation number one.
What you're concerned about is if we do require this road to
connect to Verona Point, that you don't want to put a sidewalk on both
sides of it.
MS. DeJOHN: Correct. It's a 40-foot wide right-of-way, so space
is limited. And the intention is to only have a single side of that road
lined with units. So therefore a single sidewalk was considered
adequate.
COMMISSIONER SCHIFFER: But the way it's written, it
sounds like you want that deviation for the whole project. You're
saying, you know, of local streets. So in other words, if you could
rewrite that and aim it to where your justification is, I think it would
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be a good idea. Otherwise, this community should have sidewalks.
MS. DeJOHN: Right. And the intention was only, as described in
the justification, to be applied to that 40- foot wide connector road.
COMMISSIONER SCHIFFER: Right. But the wording is not.
MS. DeJOHN: Right.
And staff did recommend denial of that, and we were accepting
of that. So depending on the board's -- or the commission's action we
could narrow that down to just the Verona Point connection road.
COMMISSIONER SCHIFFER: Or scratch it entirely.
MS. DeJOHN: Or scratch it entirely.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: If you were to scratch it entirely, it
means you'd be putting sidewalks on both sides of the road.
MS. DeJOHN: Right. Or a to-foot sidewalk on one side, yes.
CHAIRMAN STRAIN: Okay, Brad, you want to go on with your
-- anybody else have any questions on deviation one?
(No response.)
CHAIRMAN STRAIN: Then let's move to two then.
Brad, did you have anything on that?
COMMISSIONER SCHIFFER: Nothing really on two.
CHAIRMAN STRAIN: I didn't either.
Deviation number three?
COMMISSIONER SCHIFFER: I do on deviation number three.
What you're intending to do here is you're talking about the paved
edge of the road, not the lot line, the paved edge of the road you want
to make less than 25 feet. Yet that would be less than, you know, that's
required by fire codes and stuff. So I definitely think you can't do that.
MS. DeJOHN: Okay. We can accept withdrawing that deviation.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Anybody else on number three?
(No response.)
CHAIRMAN STRAIN: County Attorney Jeff, I've got a question
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for you. Most of these deviations referred to the references out of the
Code of Laws and Ordinances. And I know through the change from
the LDC to the UDC we moved a pile of items that were in the LDC
to the Code of Laws and Ordinances.
What jurisdiction does this body have involving the Code of
Laws and Ordinances? That's a different animal than the LDC and the
GMP.
MR. KLATZKOW: Yeah, I scratched my head on that yesterday.
It's not really an ordinance, it's an administrative code. I'm not really
sure what the intent was then or whether or not we actually finished
the job then.
I do think, given what I've read with this, is that you do have the
authority to waive that, if that's what you want to. But I do think this is
something down the road we probably should fix.
CHAIRMAN STRAIN: Well, and the reason I'm bringing it up is
if we have the authority to make a recommendation in regards to these
deviations that involve that code, why then wouldn't we be involved in
the amendments and changes to the code of laws, versus only the
LDC?
MR. KLATZKOW: Because this really isn't the code of laws, it
just got put there for purposes of codification.
This is really -- you know, I think Patrick probably could explain
this better. This looks like an administrative code that they needed to
find someplace for and so they put it within the Collier County Code
of Laws and Ordinances, but it's really not that. It's just--
CHAIRMAN STRAIN: Okay, but it is in the code of laws right
now.
MR. KLATZKOW: Well, it's an ordinance that creates an
administrative code. And then that administrative code, for purposes
of locating it, is located within section two of the code of laws.
I don't quite understand why it's there is what I'm getting at.
CHAIRMAN STRAIN: Okay. But of course my question is what
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authority does this board have? And I'm sure that the BCC would
welcome our recommendations on it, as they have.
MR. KLATZKOW: I think you can discuss this portion of it.
CHAIRMAN STRAIN: Well, that's another item to clean up in
the future, I would hope.
Since you're responsible for all this, Mr. White.
MR. WHITE: I'd love to take credit for it. I don't know that I'm
responsible for it.
But in any event, what I think we're talking about are provisions
that were intended to continue to be within the jurisdiction certainly of
this body, as are plenty of other sections -- or excuse me, portions of
the Code of Laws and Ordinances.
Your authority in fact is derived from Chapter 250 of the Code of
Laws and Ordinances in part. And so I think it's fair to say that the
breadth of your jurisdiction, as does the Board of County
Commissioners, extends in many places based upon the subject matter
into the code of law.
So if I understood your point about some future considerations, it
certainly would seem to me that it was appropriate for this body to
weigh in on those and make specific recommendations, both as to any
section that involved administrative code as well as any other area of
the code where regulations that pertain to some aspect of development
are found.
Specifically looking at these provisions, I think that they were
intended to be adopted under provision that are in the Code of Laws
that authorize administrative codes.
And I agree that there is unfinished work. My understanding is
that staff is in the process of performing those tasks at this time. And
so I think we all look forward to them coming to fruition.
CHAIRMAN STRAIN: Thank you. And since you were here
with the county at the time this process began, we appreciate your
clarification.
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Deviation number four, anybody have any comments?
(No response.)
CHAIRMAN STRAIN: Number five?
(No response.)
CHAIRMAN STRAIN: And lastly, number six.
COMMISSIONER SCHIFFER: I did.
COMMISSIONER CARON: They've agreed.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: I think they've agreed to abide by
the code.
MS. DeJOHN: That's correct. The staff recommendation was for
denial of the deviation from fence or wall height, and we're accepting
that.
CHAIRMAN STRAIN: Okay. Just for a summary of the
deviations then, deviation one you're going to accept that as staff
denial. Basically you're going to put this -- so deviation one doesn't
exist.
Deviation two is acceptable.
MS. DeJOHN: Yes.
CHAIRMAN STRAIN: Deviation three was withdrawn.
MS. DeJOHN: Yes.
CHAIRMAN STRAIN: Deviation four was acceptable.
MS. DeJOHN: Yes.
CHAIRMAN STRAIN: Deviation five was acceptable.
MS. DeJOHN: Yes.
CHAIRMAN STRAIN: And deviation six was withdrawn.
MS. DeJOHN: Yes.
CHAIRMAN STRAIN: Okay. With that we will take a 15
minute break and be back at 10:15. Thank you.
(Recess. )
CHAIRMAN STRAIN: Welcome back from our break. We'll
continue with the Brandon PUD review. Mr. Murray was next up.
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COMMISSIONER MURRAY: Okay. Hi again.
With regard to the dashed lined and the arrow, that is the proposed
road that you're going to get. Would you tell us why you would cite it
there as opposed to, say, citing it closer to the property line, which
would be right adjacent to the entrance.
Because that angle and that -- that does provoke a problem in
terms of -- perceived problem in terms of what kind of residences you
would put there and what height, et cetera.
Could you tell us why you chose that particular angularity?
MS. DeJOHN: That's a proposed connection line, it's not a road
alignment. The arrow is put in place at the request of transportation
staff and was not a commitment to an actual road right-of-way the
way the road is shown throughout the rest of the project.
Because of the conditional nature of how that road would be built
and the timing of it, it would ultimately be designed with probably a
little more thought into how it's aligned through the property.
COMMISSIONER MURRAY: I assume then that --
MS. DeJOHN: There's not a commitment there for that
alignment.
COMMISSIONER MURRAY: I assume then that you really
never intended originally to have a road there and that transportation
suggested it, recommended it, desired, required it, et cetera.
But I have, and I'm sure many of us have, driven through
communities where roads are generally along the right-of-way, you
know, just outside the buffer and the housing is interior. Would that in
any way be feasible?
Because the presentation here with that line strongly suggests
that it's not the most ideal, if you're talking about caring about the
people who ultimately will reside in those places.
So is it possible or feasible that you'll ever have that line moved
way over to the west, or is that pretty much where you're constrained
to remain?
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February 7, 2008
MS. DeJOHN: Well, we're constrained by two things: The
location of the access easement on Vernon Point demands that the
direction be maintained and a connection be made at that corner.
And then there's intersection spacing that we would have to
maintain, provided there is at least a right-in access point along that
driveway at Livingston Road.
So as long as we're meeting those standards, the intention is to
allow that road to be located so that it conveniently provides access
that's safe and allows for units to be located along the eastern side.
COMMISSIONER MURRAY: So the predicate is safety is what
you're saying to us, that in order for traffic coming from north to
south, that they don't get in a mix with any entry traffic at the location
of the dark arrow? Is that what you're referencing?
MS. DeJOHN: There will be some congestion points down at the
location where Verona Point has an entry, this access easement is
located. And then traffic may be coming from a third-party church
where the easement crosses their property. There's a -- there are tight
constraints there.
But then as we're moving up into the Brandon RPUD property,
the goal would be to again connect to the Brandon access road at a
safe distance from the intersection with Livingston and the Brandon
access road, and allow --
COMMISSIONER MURRAY: Okay, just to finish this. One of
the difficulties that was cited by Commissioner Caron is that it's
difficult for this body to really effectively want to grab onto and assist
in trying to help you in your planning if we don't really understand all
of the latitude that you think you enjoy and show us very limited
latitude. So I have a concern.
I could be satisfied, I suppose, with this suggestion here, but I
would be much more pleased to see something that provided
residences interior and not apparently pushed to the outside of
Livingston Road.
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February 7, 2008
If there's any way you can make clarity for that with this body, I
would think you'd be doing yourself a favor.
CHAIRMAN STRAIN: Okay, are there any other questions of
the applicant before we go to staff?
Mr. Midney?
COMMISSIONER MIDNEY: Yeah, just to comment in response
to what you were saying about the affordable housing difficulty.
I think that you can't say that we're not still in an affordable
housing crisis, even though the speculation has not been driving up the
values or the prices of the homes. It doesn't mean that working people
are suddenly snapping up these houses and buying.
The reason that the prices have gone down is because the ability
of people to buy them is less, both because of credit and because there
have been a lot of loss of jobs. A lot of people who are working
families in this county depend on two or three incomes, and a lot of
people have lost their jobs in construction and in agriculture.
So I think that it's more difficult now than it was before for
working people to buy houses, and I think that the prices would be
even lower than they are if it weren't for the fact that some people are
buying up some of these foreclosed houses as an investment in the
hopes that later on the price is going to go back up.
So I don't think that there is any less problem for working people
to afford housing now than there was before.
CHAIRMAN STRAIN: Okay, any other -- Mr. Kolflat?
COMMISSIONER KOLFLAT: Were you at the EAC meeting?
MS. DeJOHN: Yes.
COMMISSIONER KOLFLA T: They voted 7-1 for denial of a
petition; is that correct?
MS. DeJOHN: That's correct.
COMMISSIONER KOLFLAT: What would be your comments
in regard to that?
MS. DeJOHN: Well, my comments in regard to that is that the
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February 7, 2008
EAC had a lot of questions about building height and building
placement that were not -- we were not prepared to answer at the EAC
or prepared with environmental data at the EAC.
So as the hearing went on the conclusion, as you saw by the
motion, was that based on wetland impacts and the development
proposed, that they did not see that as an appropriate zoning approval
when in fact they were hoping for more like SDP level plans. They
had questions about specific construction type issues that were not part
of the zoning package.
COMMISSIONER KOLFLAT: Thank you.
CHAIRMAN STRAIN: Mr. Klatzkow, I had a question about the
EAC's recommendation. Since it's brought up now, let me ask it.
Let me read to you a staff report on that. The EAC recommended
denial. Mr. Penniman moved to deny the petition, asserted that 78
percent of existing wetland in intense development of such uncertain
development specifications being put on the site is probably not the
appropriate way to develop this kind of land.
Can you tell me what LDC references or GMP references were
provided by the EAC for a basis of a conclusion like that that doesn't
provide any environmental information to this board?
MR. KLATZKOW: Well, I think staff might disagree with the
EAC's assessment.
Having said that, I mean, the EAC's role is similar to your role
where you review these applications and make recommendations to
the board. EAC felt they needed more information before they would
give a recommendation. You mayor may not feel the same way.
Ultimately it will go to the board, and that legal issue will come
to bear.
CHAIRMAN STRAIN: I mean, if this were to be challenged and
you have to defend it, it says being put on the side is probably not the
appropriate way to develop this kind of land.
I'm just wondering why we would have let a recommendation
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come forward without some refinement, probably not the appropriate
way. I'm not sure that tells us much if anything in regards to the
environmental concerns that may be attributed to this property. So my
comment is I wish that we had gotten some.
Ms. Caron?
COMMISSIONER CARON: I would say only, and I'm not
saying I think it's the best motion that was ever made, but I believe
that it clearly references back to the 78 percent of existing wetlands,
so -- and that is their charge is to look at wetland issues, so --
CHAIRMAN STRAIN: Well, I would have liked to have
understood from a wetland perspective what violations there are in the
LDC that they're basing their conclusions on.
COMMISSIONER CARON: I agree.
CHAIRMAN STRAIN: Okay. Now, with that said, I think we've
exhausted our questions of the applicant and we'll move to the staff
presentation.
MS. ZONE: Good morning, Commissioners. Melissa Zone,
Principal Planner with the Department of Zoning and Land
Development.
We've gone through quite a bit here this morning. Have gotten
through. And staff just wants to confirm on the record that this is in a
rural agricul -- it is rural agricultural zoning, and they are requesting a
residential planned unit development on 51.1 acres.
And request to the deviations, thank you for supporting staffs
recommendations. We appreciate that.
I've been taking notes. One of the things that I want to have
clarified, more so than having to present because everything has been
presented to this board, is in regards to the Exhibit B, the development
standards. And I've been taking notes diligently, and I just want to
make it clear, if you are going in this direction with actual and zoned
height, that we talked about the actual height for multi-family, but the
single family, all the other proposed residential developments, as well
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as the accessory structures were not discussed.
So if we are going to be going with actual height, staff would
request that we can be specific with the others. If not, it will just be
another back and forth talking, trying to get the applicants to provide.
I know that Johnson Engineering is very good and they will be
responsive, but I would like that for the record that we go through with
that.
Also, when the commission here was talking about the
interconnection, the preserves, currently they're showing 75 percent of
their preserves, and that was because of the interconnection to Verona
Point. And they had originally had that area set aside as preserves
area. But the LDC, as well as the GMP, requires that preserves be
contiguous. So when we're here working and maybe doing some site
development alterations, we want to make sure if part of your
stipulation would be, or if we could get them to agree to it today
would be great, that the applicants have -- the remaining preserves will
be defined not only at the next development order but that they will
also be contiguous to the current preserves to meet the GMP and LDC
requirements.
And staff recognizes it is going to be difficult because of that
interconnection, but that interconnection is also needed. So it just
needs to be presented here and discussed with the applicant for that
reason.
And then I wanted to mention with the school, their interlocal
agreement, we do have in the PUD document Exhibit F, Item F, which
is the developer's commitments, Exhibit F, Item F talks about paying
fair share. And if the board wanted to -- not only does the county--
are we aware of this agreement, the standards were put in before the
agreement was approved, but we could, if the board agrees, to modify
Exhibit F, Item F and cull out that intersection specifically so that it
not only guarantees that the school board has assurance that that
intersection in itself will be, but it will be in the PUD as well, so there
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will be no discussions down the road if that is the intersection. So we'd
like to have that incorporated under that. Transportation service had
offered that up into that area, and they would like to see it there.
If there's any other ques -- oh, I'm sorry, one more. On the master
plan they talk -- they show you here, there's the black arrow for -- by
Livingston Road. And it says the proposed access, but underneath it
says no compensating right-of-way. And that conflicts with the
developer's commitments. And what we would like to do -- right, they
have on your master plan --
. CHAIRMAN STRAIN: Laura, would you let her finish her
presentation? If you guys want to rebut, you can do so.
MS. ZONE: Thank you, Commissioner. What we'd like to do is
just on that, instead of saying no compensation right-of-way or
compensating right-of-way, we would like to just say potential turn
lane and leave it as that.
They're going to be modifying this master plan, I have a feeling,
so we would like it just to have potential turn lane and leave it at that.
CHAIRMAN STRAIN: Okay.
MS. ZONE: If you have any questions?
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yeah, you said something that
fascinated me. I'm looking at the master plan and I see the preserve,
and you were stressing a point about making sure the preserve were
contiguous.
MS. ZONE: Uh-huh.
COMMISSIONER MURRAY: Do you have any inkling that
they intend to interrupt the preserve as it is outlined right there?
MS. ZONE: No, not the preserve that's outlined there. That is the
75 percent that's required for them to illustrate to us on this master
plan.
But I want to make sure that the other 25 percent is contiguous to
this and that it is discussed here, and that they do not try to put the
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preserves maybe up in the north or into another area. We want to keep
it consistent with the LDC and GMP requirements. So that is why
we're requesting that.
COMMISSIONER MURRAY: Excuse my ignorance, but the
other 25 percent is scattered then, is that --
MS. ZONE: No, it hasn't been determined. And they have agreed
to do it during the time of development order. But we want to ensure
that it is --
COMMISSIONER MURRAY: Now I understand.
MS. ZONE: -- contiguous.
CHAIRMAN STRAIN: We need to slow down a little bit.
MS. ZONE: I'm very sorry.
CHAIRMAN STRAIN : We're starting to move a little too fast, so
let's --
MS. ZONE: I'm very sorry.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER MURRAY: And now I understand you.
MS. ZONE: You want me to repeat that what I just --
THE COURT REPORTER: No, thank you.
COMMISSIONER SCHIFFER: Mark, I --
CHAIRMAN STRAIN: Okay, Ms. Caron, then Mr. Schiffer.
COMMISSIONER CARON: Yeah, I want to go to the Growth
Management Plan consistency issue. Because in discussions with
people in compo planning yesterday, unless the two commitments that
are made in the body of the second paragraph on Page 4 are adhered
to, then it is their contention that this is not consistent with the Growth
Management Plan.
And both -- in the final paragraph you say that it is as well as in
rezone findings. You say that they think that it's consistent. And
they're telling me it's not consistent unless those changes are made.
MS. ZONE: Right. And I've been in discussions with them, and
it's a matter of wording on paper. Staff -- the GMP Policy 7.3
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encourages interconnection. The Growth Management Plan does not
direct where the interconnection would be, if it's pedestrian or if it is
for traffic. As well as the LDC.
Working with transportation who reviews for that purpose that
policy, they work with the applicants to do the interconnection to
Verona Point to meet the Growth Management Plan's recom -- policy
for interconnection.
CHAIRMAN STRAIN: Before you go too far, her question
might have been a little simpler. The GMP you say requires -- or the
staff is saying requires connection. Is that a true or not true statement?
MS. ZONE: No, the GMP encourages, it does not require.
And in terms of consistency, they do meet the Growth Management
Plan and they have done an interconnection to Verona Point.
We have Tom Greenwood, who is with the Comprehensive
Planning Department. If you would like, he's willing to come up here
and talk further, as well as Nick Casalanguida, our Transportation
Planning Director.
COMMISSIONER CARON: Yeah, let's talk to Tom.
MR. GREENWOOD: Good morning. For the record, Tom
Greenwood, Comprehensive Planning.
The memo that was distributed September of last year, five
months ago, pointed out that -- in fact, the recommendation in the
memo was that unless the interconnects are provided to east and west,
the plan would be deemed inconsistent with comprehensive planning.
I think the word inconsistent at that point in time was perhaps
overkill.
The reason for the staff report that way was to get a dialogue
going between the developer, Brandon, and the property owners to the
east and west to provide -- what really is a goal is to provide public
access of pedestrian and/or vehicular to the surrounding properties.
The property to the east, as has been discussed earlier, is essentially
landlocked.
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But again, I would say the best phraseology would be is
encourage. And that's the way policy 3. -- 7.3 reads. I'll just quote it.
All new and existing development shall be encouraged to connect
their local streets and their interconnection points with adjoining
neighborhoods or other developments, regardless of land use type.
And again, I think that's something worthy for this group to
consider and address. And it wouldn't necessarily be specific to this.
It's probably specific to any other similar situation where there are
properties that are being isolated. Is that in the public interest? I think
that's a question that has to be answered.
COMMISSIONER CARON: But to that point, in the public
interest, if you are suddenly going to landlock somebody, it becomes
more than just a public interest. And encouragement is good, but the
whole point of our using the phrase in the Growth Management Plan
of encouraging people to do things was to provide the maximum
amount of flexibility for people. Not that they could avoid doing
certain things, unless there were some overriding reason not to, but to
provide flexibility.
So I would say that your phrase of inconsistent is absolutely
correct.
MR. GREENWOOD: Yes, it is. And again, the word
encouragement is in the growth management --
COMMISSIONER CARON: Right.
MR. GREENWOOD: -- Policy 7.3.
And this is a situation that maybe occurs, I don't know how
frequently it occurs, where there's a property that's being isolated by a
development that's being proposed.
COMMISSIONER CARON: Almost never. It is happening, so --
MR. GREENWOOD: Thank you.
CHAIRMAN STRAIN: Mr. Klatzkow, can you tell us if the
word encourage in the GMP means shall and is required?
MR. KLATZKOW: It doesn't mean shall and it doesn't mean
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required. But I would have no objection if the planning commission
was of the mind to require interconnect as a condition. Now, whether
or not the petitioner would object to that would be up to them. But
that's your prerogative, to require that as a condition of your approval.
CHAIRMAN STRAIN: Okay. The inconsistency part of the
GMP then, is staff now changing their mind that the staff report we
have in front of us is again wrong and that it is inconsistent, or is it
consistent?
MR. GREENWOOD: I would say the word inconsistent is
inappropriate in the staff report, okay, based upon the phraseology of
Policy 7.3.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Okay. I have more to go on that, but I
see others have questions so I'll defer to them first.
Mr. Kolflat then Mr. Schiffer.
COMMISSIONER KOLFLAT: Well, then we could argue that
term about consistency or inconsistency, but still the consequences of
landlocking some landowners to me is a very serious matter.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And that's -- I want to talk to
Melissa.
Melissa, in the review why can't we show an easement into
these? Especially these two, two-and-a-half acre properties. I mean,
we know that if we go with what we do today there's a problem.
The reason I know we know it is recommendation number three
is they have to the pay for any legal challenge.
MS. ZONE: Certainly. And--
COMMISSIONER SCHIFFER: And why put those homeowners
into the position that they have to have a legal challenge to get access
to their site? I mean, why don't we just show the easement and be
done with it? They could build at least a single-family home in there.
And maybe based on today they could put a 10-unit, you know,
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apartment or something in there.
MS. ZONE: We -- staffwould definitely welcome that they put it
in there. There is nothing that specific in the LDC. I know
transportation service division reviews and looks for those easements.
Staff is always in there.
But, you know, it's very difficult to require something that isn't
spelled out. But you also don't want to spell out every minute thing.
And you can encourage --
MR. BELLOWS: Yeah, for the record, Ray Bellows.
When staff is analyzing a project and we have a growth
management policy that says encourage where feasible, staff is to
explore that. And if they feel the conditions warrant, then we can
make that recommendation. And if the applicant disagrees, then that's
something we'll bring to the planning commission and board.
But if our staffs professional opinion it's warranted, we can put it
on there and recommend it.
COMMISSIONER SCHIFFER: But Ray, one thing is, that
policy, I think the intent of that is to connect developments to avoid
using public streets.
MR. BELLOWS: That's correct.
COMMISSIONER SCHIFFER: I mean, it's not to overcome
landlocking somebody. So that's a totally different legal issue and an
issue that I think we have we need to address here because we know
it's happening.
So my concern is why aren't we showing on this site an easement
into those two properties that are definitely going to be cut off?
MR. BELLOWS: For the record again, Ray Bellows.
It's my understanding that these properties to the east aren't
completely landlocked. There are options that was spelled out by the
petitioner this morning.
But if staff feels and transportation feels there's a reasonable need
for an interconnection, then we should be able to make that
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recommendation.
COMMISSIONER SCHIFFER: Okay. And then the next topic,
the preserve. In the original design that whole area is preserved.
MS. ZONE: Correct.
COMMISSIONER SCHIFFER: Essentially what they did is to
make this interconnection they took a big area of it off. Now they're
talking about even developing on it. But they took it off and you still
don't know where it's going to go and that's your concern.
MS. ZONE: Right.
COMMISSIONER SCHIFFER: If they put the road through the
preserve a' la nice country lane, wouldn't that not be considered
contiguous?
MS. ZONE: Well, I mean, there is some language that eludes to
that, but it's not something that staffwould like to support. Because
you're separating the preserves, and that isolated preserve might not
have a strong of a chance to survive. Where they could go that
roadway network, there's certainly some property there where they
could go to the east of that connection to Verona Point, as well as
some of area just west of the preserve.
COMMISSIONER SCHIFFER: But Melissa, let meet interrupt a
second.
MS. ZONE: Certainly.
COMMISSIONER SCHIFFER: My point is that, you know, the
road could be nice going through the preserve. The preserve also is
alongside Livingston Road, which means all of us in the community,
all of us, get to enjoy the nature of the preserves. So to do a scheme
like we're proposing that would take that away to me is, you know, a
bad answer. So I don't mind getting access through the preserve.
And why wouldn't you then -- you could count both sides of that.
Even count the right-of-way. Just, you know, consider it country lane
and part of a country preserve. You've already testified that the water
flow's been ruined in this area. And we could recreate it anyway with
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culverts and things.
MS. ZONE: I would like to ask Susan Mason from
environmental services to come up, because I know she's very strong
in terms of not -- to making it contiguous and not to split it up. And I
think it would be important for her --
CHAIRMAN STRAIN: Ms. Caron has a comment to make.
MS. ZONE: Yes.
COMMISSIONER CARON: I just -- I don't think that putting
roads -- and this would not be a country lane; I mean, it would be a
road to serve this PUD -- is allowed in preserves.
Susan, maybe you can comment further.
CHAIRMAN STRAIN: Okay, the question was, are roads
allowed in preserves. And I guess Susan, you're the answer person on
this one.
MS. MASON: Goods morning. For the record, Susan Mason
with Collier County Environmental Services Review.
Roads are not an allowed use through preserves, so it would
effectively -- and all functionality of that area would be disrupted.
There wouldn't be an ability to -- it would restrict the ability of
wildlife to cross. There's potential Big Cypress fox squirrel on here.
That would not meet the definition of trying to increase continuity and
connectivity .
Originally their proposal was with the interconnect going to the
south towards Verona Point, that was going to be included in preserve,
and they actually exceeded their minimum requirement of the 11.8
acres, I believe it is. And when transportation issues came up, that was
removed, and that was why they were going to designate that later.
But that was actually the area that both staff and the applicant
agreed upon as meeting the requirements. And it would have been one
large contiguous preserve. And we try to avoid any interruptions
unless it's unavoidable.
CHAIRMAN STRAIN: So what you're saying is they were
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willing to have a preserve all the way to Livingston Road, but because
transportation would not allow a left and right turn at that location
where they want their main entrance, the preserve now had to be
trashed and an access lane has to go down and tie into V erona Walk
(sic). Does that sum it up?
MS. MASON: I don't know if I'd use those exact words, but there
was a conflict between the transportation requirements and the
application of the environmental, and compromises are made to fulfill
both as best as possible.
CHAIRMAN STRAIN: So Nick in his pristine road seems to still
be dominating this whole argument, now that we're getting down to
the bottom of it. I guess we'll have to debate that in a few minutes with
Nick.
COMMISSIONER SCHIFFER: And Mark, let me still have the
floor.
CHAIRMAN STRAIN: Go ahead. I'm sorry, Brad.
COMMISSIONER SCHIFFER: The concept of what this road is
going to do now, as you're coming out of the development, you would
have only a right-in and right-out without this extra access point; is
that right?
MS. ZONE: Can you clarify which road you are referring to?
COMMISSIONER SCHIFFER: The big black arrow is only
going to be -- you can only go in that, obviously making aright to go
in the development, and then coming out of the development you can
only make a right.
MS. ZONE: Right-in, right-out. And it's a temporary access.
COMMISSIONER SCHIFFER: What do you mean?
COMMISSIONER VIGLIOTTI: What do you mean temporary?
COMMISSIONER MURRAY: Whoa.
MS. ZONE: It has it in the PUD document that once the
connection to Verona Point is complete, then that will be removed.
That's why we wanted just potential turn lane and nothing else there.
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But I also want to put, before Nick gets up and speaks, the
applicant has said they will agree to contiguous preserves. So they
have agreed to that. And they will also mention that.
COMMISSIONER SCHIFFER: Okay, Melissa, let me stay with
you for a second.
So if that's the case, then the only entrance to the south into this
project will come through the Livingston Road entrance at Verona
Point. That will be their essentially main entrance, put their sign on it.
So it can't be 20 feet one way at that point. I mean, obviously
you're building -- you're taking the easement that you now show
coming out of Livingston. Why aren't you just running that along the
southwestern edge of the property then?
MS. ZONE: I think that Nick would probably be able to --
COMMISSIONER SCHIFFER: Okay.
MS. ZONE: -- answer your question.
MR. CASALANGUIDA: For the record, Nick Casalanguida,
Transportation.
Interconnection is recommended. And where feasible is that idea
that we have in the LDC. And it does take traffic off the roads, it
makes projects function better, it makes the road function better.
The arrow that you see on Livingston Road, we don't want them
to have a driveway on Livingston Road. We compromised. We said if
you're willing to go to an access point that was predefined in a prior
project that has an access easement, because we planned for it, that's
where you come in.
The agricultural piece that's south of their preserve, eventually
we'll want access as well, too.
So we're with (sic) agree with the applicant to say make that a
20- foot wide driveway coming out only. When we work out with the
neighbor that extra little sliver you need, that would turn into full
access for both of you. And then Livingston right-in only would go
away.
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And that was a fair compromise that they've agreed to and we've
agreed to and it provides for better circulation in the future.
COMMISSIONER SCHIFFER: So Nick, but look at the design
of that down there. Does that have a light on it, or it's just a --
MR. CASALANGUIDA: Signalized.
COMMISSIONER SCHIFFER: Okay. So that's a great place for
everybody to go in and out?
MR. CASALANGUIDA: Yes.
COMMISSIONER SCHIFFER: What if you took that
right-of-way -- and right now the way it was laid out with half being
on the church and half being on this property wasn't, you know, good
forethought, I guess -- and ran it -- well, I guess I'd cut the preserve in
half. Never mind, the testimony that you can't cut a preserve in half--
MR. CASALANGUIDA: It's not the preserve, it's that corner
where you see that arrow at the bottom of that. There is a 20- foot
missing strip that you can't get past.
COMMISSIONER SCHIFFER: Right.
MR. CASALANGUIDA: Now, I guarantee you, when that
development comes in they're going to be seeking access. They have
the same problem these folks have. So it's a matter of time.
And I think in the next 90 days transportation will approach that
developer or landowner and say it's in your best interest now to
facilitate that.
Hopefully by the time we go to construction that Livingston
access won't even be there and we'll have worked this whole thing out.
COMMISSIONER SCHIFFER: Okay. And then where do you
think -- is the road where it's shown where you think it should be? I
mean, that's a good location because of cars coming in off of
Livingston and people cutting across them to go south.
MR. CASALANGUIDA: And there's a couple --
COMMISSIONER SCHIFFER: But once you close that off,
that's not necessarily a good location.
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MR. CASALANGUIDA: The one at Verona Point is not a good
location?
COMMISSIONER SCHIFFER: No, the one coming into our
project. This project.
MR. CASALANGUIDA: The dark arrow?
COMMISSIONER SCHIFFER: The light arrow.
COMMISSIONER VIGLIOTTI: Dotted line.
COMMISSIONER SCHIFFER: In other words, when it's first
built, it will only be southbound.
MR. CASALANGUIDA: Southbound only --
COMMISSIONER SCHIFFER: Therefore you have to pull it
back from Livingston Road so that it's not dangerous.
MR. CASALANGUIDA: When it's first built it would be
southbound only coming out.
COMMISSIONER SCHIFFER: Right.
MR. CASALANGUIDA: And it would work okay. The dark
arrow would be an in only for their project coming in off Livingston
Road, so you wouldn't have conflicting traffic there at all because of
the width restriction.
COMMISSIONER SCHIFFER: Okay. But you would have
traffic that's going to go southbound crossing that lane to get into the
southbound 20 feet.
MR. CASALANGUIDA: It's signalized. And if you're talking
about that throat depth on Verona Point, you have enough there you'd
probably stop control of Verona Point traffic coming out so you
wouldn't have any conflicts there.
COMMISSIONER SCHIFFER: No, I'm just -- I'm talking about
the southbound road. Everything is on this site --
MR. CASALANGUIDA: Okay.
COMMISSIONER SCHIFFER: Is that you have to -- as you're
coming south on the stem road in this project, you have to cross the
traffic that's coming in to get to the southbound road.
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February 7, 2008
MR. CASALANGUIDA: No, you're coming southbound on that
road right now. You take a right and then approach the signal and go
wherever (sic) direction you want it to go.
That would be an internal stop control or just traffic control
internally.
COMMISSIONER SCHIFFER: But if we did not have the
temporary thing and we pushed that road over more towards
Livingston again, you know, creating more preserve, I mean, why
don't we just do that now, or is it totally because we don't have a good
interconnection at Verona Point?
MR. CASALANGUIDA: You couldn't physically make that
work, what you're suggesting. In other words, that temporary access,
by eliminating it and sliding it left over the southbound road, you
couldn't do that.
This scenario has probably been worked out with transportation
numerous times to make it the best possible scenario that's there.
COMMISSIONER SCHIFFER: All right. Thank you. I'm done,
Mark.
CHAIRMAN STRAIN: Okay, anybody else at this point?
(No response.)
CHAIRMAN STRAIN: Nick, I've got a couple of questions now
that you're up here and being so helpful, trashing the preserves.
MR. CASALANGUIDA: That will be in the paper somewhere.
CHAIRMAN STRAIN: Transportation trashes preserves, Nick.
In our LDC -- let's forget about the GMP, I know the word
encourage now can mean all different kinds of things. But in our LDC
we have a section -- and I know that in one of the letters that was
provided, and this is what got me looking at this, by the neighboring
properties who were concerned -- they referenced that they were told
Section 4.04.02(B)(3), and they quoted (B)(3) as applicable
requirements for interconnections, but actually that doesn't apply to
this project because that's only for mixed use activity centers. So
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wherever they got that information, it's wrong.
But in doing a search on the LDC, I did find Section 4.07.02,
design requirements under PUD's. (J)(4). And I want to read it to you
and tell me how you feel it fits this project or it doesn't.
MR. CASALANGUIDA: Sure.
CHAIRMAN STRAIN: Principal vehicular access points shall be
designed to encourage smooth traffic flow and minimum hazards to
vehicular or pedestrian traffic merging in turn lanes and! or traffic
dividers shall be required where existing or anticipated heavy traffic
flows indicate need. The interconnection of collector and local streets
within the PUD to adjacent lands or developments shall be required
except where determined by the county manager or designee that
interconnection is not feasible or warranted due to existing
development patterns, transportation network needs or the like.
Now, in reading that it seems to be -- it says shall be required.
And that seems to apply to this internal road connecting to adjacent
properties. Is that a reasonable assumption?
MR. CASALANGUIDA: Where feasible. And I think if you're
talking about the landlocked parcels --
CHAIRMAN STRAIN: Right.
MR. CASALANGUIDA: -- we've spoken to the gentleman that
represents all those people. You can provide interconnection. What
we've said all along to the developer, he's entitled to be compensated
for that. Compensated in many ways. For the road he's building, for
the loss of the land use. It's in Florida statutes that he can do that.
And I think they're willing to do that. I believe the landowners to
the east are. So providing interconnection. The only thing that comes
into play that the landowner that's developing the property brought to
my attention is what kind of development that I don't control is now
going through my neighborhood? And that's a legitimate concern I
think he has. And I can't address that as part of transportation.
CHAIRMAN STRAIN: Okay. Well, let me read another one.
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Under 6.06.00, transportation system standards, 6.06.01(B). The street
layout of all subdivision or developments shall be coordinated with
the street systems of the surrounding areas. Adjacent properties shall
be provided with local street interconnections, unless topography or
other natural features or other ordinances or regulations do not allow
or require said connections.
Is that applicable to this development?
MR. CASALANGUIDA: We think it is. I think the Florida
Statutes covers that as well, too.
CHAIRMAN STRAIN: Okay. 6.06.02, sidewalks and bike lane
requirements. (B): All developments required to provide
interconnections to existing and future developments must dedicate
sufficient right-of-way or easement for all required roads, sidewalks
and bike lanes.
I guess that helps understand the size of it. And now where I'm
leading is if an interconnection were to be provided to the lands to the
east, it would seem to me that south of lake two, adjacent to that
northern property line of that parcel they don't own, a 60 -- a 50 or
60- foot wide dedicated easement through there would actually provide
the access to anybody to the east that worked their conveniences out
or their needs out to get there.
And then we're back in the game as far as having the
interconnection provided. It's a very short piece of land, it's not one
that interferes with any residential properties, and it's along a lake
edge that is being unused for view amenity. I don't know, it seems like
a logical way to resolve the issue.
Has anybody suggested that, or do you see any concerns with
that offhand?
MR. CASALANGUIDA: It could work. Again, you get into
property rights that transportation doesn't get involved in.
I guess reading the Florida Statutes, I looked at it when this
project came up. It says you can petition and require access and you
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. have to compensate the landowner for the access that you're
petitioning for. It gets into all these legal requirements that are way
past me and what it would mean or how it would applied.
Again, the concern they've expressed to me, which is not my
department, would be you're providing access to a project you don't
control, and depending on what they develop there and how it would
affect their property values. And I don't have an answer for that.
Would make sense, and I think it's required by the statutes and our
codes.
CHAIRMAN STRAIN: Okay. Thank you very much.
Any other questions for Nick?
(No response.)
CHAIRMAN STRAIN: Okay, thank you, Nick.
We're back to Melissa. And she had finished her presentation and
we were questioning on issues involving her report.
Does anybody have any comments further for Melissa?
(No response.)
CHAIRMAN STRAIN: Melissa, I do.
The rezone findings. By the way, they're written much better.
Huge improvement.
MS. ZONE: I keep trying.
CHAIRMAN STRAIN: Well, they're much better than -- they
weren't boilerplate, so that's good, and they were very well thought
out, so I wanted to let you know.
MS. ZONE: Thank you.
CHAIRMAN STRAIN: The access issue, though, didn't seem to
be addressed in any of the answers to the rezone findings, and I was
wondering why, if staff feels so strongly about it.
MS. ZONE: This was -- this has been through several discussions
with our county attorney's office, transportation, compo planning. They
had multiple questions.
They have met the interconnection intent of the GMP. Where
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r;}'
staffwould like it, you know, is a matter of difference. And this is
what is the basic questions and so it was not culled out in terms, but it
was discussed in the staff report.
And so for just terms of meeting the LDC and GM -- and the
Growth Management Plan and the Land Development Code
requirements, which are in the findings, staff wrote the responses to
meet that. And then the issues we put in the analysis of the staff report.
CHAIRMAN STRAIN: Okay.
MR. CASALANGUIDA: For the record, at the time this was
being reviewed as well, too, there were multiple landowners. Now
they're saying today that they're unified in providing a cont -- you
know, requesting an access point.
At the time we looked at it, even comprehensive planning staff
Melissa or myself says we can't address those concerns if you have
seven landowners that aren't speaking to each other and trying to all
seek access.
So what I'm hearing today is they're unified and they're trying to
work with a developer on that. That may be a different story.
CHAIRMAN STRAIN: Okay, thank you.
But Melissa, in this 4.07.02(J)(4) section that I read a little bit
earlier, basically it leaves the determination by the county manager or
designee whether an interconnection is feasible or warranted.
You seem to have indicated to us that staffhas indicated it's
warranted. Is it not feasible?
MS. ZONE: Well, if you're asking me, I believe it should be
feasible as well as warranted.
But again, we defer to a division that reviews these and has a
much stronger knowledge in this area, and so with transportation, we
relied heavily on their analysis for that interconnection.
I addressed my concerns. We met many times once this petition
was brought to me. But again, we always defer. Unless there is some
compelling reason why we would be different, then that would be
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culled out.
CHAIRMAN STRAIN: So the opportunity for the county
manager or designee to express their concerns in this issue, you
deferred to the transportation department; is that a fair statement?
MS. ZONE: That's a fair statement.
CHAIRMAN STRAIN: Okay. Nick, could you come back up for
just one -- I need you to answer a question for the record.
MR. CASALANGUIDA: Yes, sir.
CHAIRMAN STRAIN: Could you, as the designee for the
county manager in this regard, provide us with any information
regarding whether or not an interconnection pursuant to Section
4.07.02(J)(4) of the Land Development Code is feasible or warranted
due to the existing development patterns and transportation network
needs.
MR. CASALANGUIDA: It would be feasible only if we could
determine and evaluate where that -- you give me a specific location
now. So that section of the code talks about where feasible, if there's
any land impediments, if there's preserves or things like that.
So if you want me to evaluate an interconnection, I would ask
that it be a specific location and so that it would meet all those
requirements. But I would say if you put an interconnection, it could
be considered feasible if it didn't impede or conflict with those
restrictions that were in that section of the code.
CHAIRMAN STRAIN: Do you feel it's warranted?
MR. CASALANGUIDA: It's warranted. It's -- I'm dealing with
private property rights, not one development to another. I'm dealing
with a development and five different landowners. So asking me if it's
warranted is a tough question to answer.
CHAIRMAN STRAIN: Well, Nick, I know I'm putting you in a
spot and I know it's not the best thing to do. But I'm in a position here
today, and we all are, that we're relying on the interpretation of the
Land Development Code which relies on the county manager or his
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February 7, 2008
designee to make determinations prior to getting here today --
MR. CASALANGUIDA: I'll answer the question.
CHAIRMAN STRAIN: -- and I need the determination.
MR. CASALANGUIDA: I'll give you the determination.
If it was a unified access request from five landowners tying it
into this roadway, it would be required. We would say that that's a
justification for an intersection.
If it was five different landowners petitioning for all single access
points along that roadway, I would say that that doesn't meet that
requirement, that they'd have to become unified, requesting a unified
access point sharing in that access.
CHAIRMAN STRAIN: Okay. And prior to today you've had no
positive request of you by unified landowners then that you felt was
either feasible or warranted?
MR. CASALANGUIDA: No, sir.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER SCHIFFER: Mark, I --
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, Nick, let me ask a
question. We use the word interconnect, and I'm not even sure what
interconnect means on this project anymore.
Essentially what that was is you had two projects side by side
that had access to public roads. Interconnect is what connects those
two projects. So we're not talking about connecting these little
landlocked landowners using interconnect as a cure, are we? I mean,
that doesn't make sense.
MR. CASALANGUIDA: It's not that you're using it as a cure.
You're using it to facilitate the transportation network. Tome the idea
behind interconnection is you reduce the amount the driveways on a
roadway, you bring them to locations such as signalized access points
where they can be metered out appropriately so you could have the
main arterial function properly --
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February 7, 2008
COMMISSIONER SCHIFFER: But the ability for a project --
you know, prior to interconnection that project would also have to
satisfy access to a public road system.
MR. CASALANGUIDA: That's correct.
COMMISSIONER SCHIFFER: The interconnection is a
secondary means of transportation between those two things, not the
.
prImary .
MR. CASALANGUIDA: It can be. I mean, it can connect to
another development that has access to a private road system through
an easement.
COMMISSIONER SCHIFFER: It could be the most convenient.
But it's really -- you wouldn't have interconnection unless you had the
first, which is connection to the public right-of-way.
So I think the word interconnect doesn't apply to these, quote,
landlocked parcels.
MR. CASALANGUIDA: Well, they're not developments. That's
the problem, you get into single-family lots. That's where you get into
a little bit of a gray area what we're talking about. It's not a unified
project. It's getting into trying to solve access issues for single-family
lots that are abutting.
I know, I dealt with this in Immokalee area where there was a
person that bought a landlocked parcel and couldn't get to Immokalee
Road through the Collier lands. And there are provisions in the statute
that you can petition them and then provide fair compensation back to
that. That's why it becomes an issue when you're dealing with
single- family homes.
When you're dealing with one development to another it's more
clear cut.
COMMISSIONER SCHIFFER: But here's what I'm thinking is
that legacy, most communities develop grid road systems. We've since
then have encouraged the use of PUD to, quote, make creative
developments.
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And so maybe what we're looking at here is that this is not an
area where a PUD will work; we should go back to a different road
system, one that would focus it at lights. And, you know, to have a
PUD choke off access to other people may mean this is not a place
where a PUD makes sense.
MR. CASALANGUIDA: Well, if you look at some of the
landlocked parcels, they're choked off by their own nature. They're
just landlocked parcels, period. It would be whether this PUD was
here or not that they'd be seeking that same access out to a public
road.
COMMISSIONER SCHIFFER: And, you know, paying taxes
and waiting for some day a road system like every other town would
have, a grid system will come by the front of their property.
MR. CASALANGUIDA: There is nothing contemplated on the
short-range plan, the long-range plan to deal with --
COMMISSIONER SCHIFFER: They can wait a while.
MR. CASALANGUIDA: -- access. Yeah.
COMMISSIONER SCHIFFER: Okay, thank you.
CHAIRMAN STRAIN: Any other questions of Melissa's
presentation at this point?
(No response.)
CHAIRMAN STRAIN: Melissa, thank you.
MS. ZONE: Thank you.
CHAIRMAN STRAIN: Okay. Ray, do we have any public
speakers?
MR. BELLOWS: Yes, we have two speakers. First speaker is
Craig Blume, to be followed by Ray Martinique, I think.
CHAIRMAN STRAIN: Okay, Mr. Blume, would you come up
to that speaker there. And if you could, try to limit your discussion to
five minutes. But we do have latitude, so --
MR. BLUME: Thank you, Mr. Chairman.
CHAIRMAN STRAIN: -- go ahead.
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MR. BLUME: As stated earlier, my name is Craig Blume, I'm
with the law firm of Craig D. Blume, P A here in town. And I represent
five of the landlocked owners that are to the east of the proposed
Brandon PUD.
Specifically my office represents the Forszpaniak landowners,
identified under Folio No. 00149040002, that's tax folio number. The
Haleakala Capital Partners, Ltd. under Tax Folio No. 00150720007.
The Govig owners who are identified under Folio No. 00150240008.
The Harazian owners, who are identified under Folio No.
00148440001. And the Rahmans, which are identified under Folio No.
00148360000. Each owning a two-and-a-half acre parcel located to
the east or a combined 12.5 acres with a current ST, special treatment,
overlay designation of their land.
Essentially these property owners are in agreement that -- to
provide amongst the individual property owners private easements to
travel to and from their individual properties.
You'll note that there was a comment earlier by Mr. White that
access may be provided through other potential sources. We've
explored those other sources already. We have contacted a Mr. Mark
Zewig (phonetic), who is in the real estate division for FP &L.
FP &L has an easement running to the east of my property owners
that runs north and south, and although FP &L does not oppose an
east-west right-of-way access across the easement, it does strongly
oppose any north-south traveling of vehicular travel along the
easement. And their stated reason for that and reliance on that is a
recent case that was resolved apparently in district court in Fort Myers
which prohibited -- where the judge found access for a private
landowner to go through a gated community and found it was in the
public's interest not to allow private vehicular traffic to travel north
and south on an FP &L access easement because of the risk of an
accident to a power line that could cause severe damage to the greater
public.
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We have had some limited discussions with the developer and its
legal representation, both concerning purchases of the property as well
as proposed access points. Essentially these property owners are
landlocked and we believe that the Land Development Code sections
4.07.02, as well as 6.601, as referenced by the distinguished Chair, are
on point here, and that the county should consider the choking off of
these landlocked owners.
There's no question that when they purchased this property that
they were landlocked. But as Mr. Board Member Brad Schiffer had
indicated, they are taxpaying citizens and they can wait and would
wait for the future development of the parcels. And there is an
expectation at some point in time that neighboring parcels would be
developed and the interconnectivity or the access points to roads
would be available to these landowners at some point in time.
This proposed PUD, however, chokes off these landowners with
an enhanced buffer on the eastern boundary. And with the preserves
and the lake locations where they are identified here on this proposed
master plan that is doing nothing more than hindering their potential
access. Florida Statute, section 7.04.01.2, the Florida legislature
allows access to these property owners. There's no question, or there
should be no question that these property owners will have access
some day.
So all they're asking this board to consider and address today is
what's the most practicable route for them. Let's not plan to make a
route less practicable than it is today.
With that I'll entertain any questions you may have.
CHAIRMAN STRAIN: Okay, questions of the gentleman?
(No response.)
CHAIRMAN STRAIN: Sir, I've got one. You represent five or
six people?
MR. BLUME: Yes. And I can identify these.
CHAIRMAN STRAIN: No, you already -- you mentioned the
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folios, that's close enough. I know the general area you're talking
about.
Do you know if any of them, when they bought that properties
(sic), had mortgages?
MR. BLUME: I'm not aware if any of them did have mortgages
on the property.
CHAIRMAN STRAIN: Do you know if any of them had title
insurance?
MR. BLUME: Some of them do have title policies. I have not
had an opportunity to review to determine whether or not legal access
was insured or not. Weare in the process of still gathering. My office
was recently engaged in this matter.
CHAIRMAN STRAIN: That's where my question was going is
what you just answered.
So the title policies then, until you review those -- you didn't
bring anything to submit today that could help us understand whether
or not your landowners were aware of the situation or if they had other
accesses that may be shown on title policies then?
MR. BLUME: I am aware through conversations with one of my
clients that they were aware that their parcel was landlocked at the
time they acquired the property. However, I'm not -- and I'm not in
possession, nor is my office, of any title policies to determine whether
or not that was insured over or missed by a title company. That's
something we will be exploring in the coming weeks.
CHAIRMAN STRAIN: Okay, sir, thank you very much.
Any other questions?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Appreciate your time, thank you.
Ray, would you call the next public speaker.
MR. BELLOWS: Ray Martinique.
MR. MARTINIQUE: Good morning, Commissioners. My name
is Ray Martinique. I am -- my wife and I are one of the landowners
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with her family of the Harazian parcel that are one of the now
infamous landlocked six.
And after I went to the last meeting, I believe it was in September
of last year, I didn't get a lot of positive response from the petitioner as
far as how we were going to gain access to our parcels, so I took it
upon myself to contact -- actually, I tried contacting -- there's a total of
eight parcel that are back there.
But I was and am in contact with seven of the landowners. Five
of us had decided to hire Craig to represent us in this matter.
I'd just like to make it public record that we are pro development.
You know, all of us have been paying taxes at a certain amount of
value that the land had. And to some of us, I know the developer came
in and offered a sum that, you know, just wasn't acceptable, based on
our tax rate. And so some of us had a hard time accepting, you know,
ways to make a settlement. I think there's been a little change of heart.
We do understand that -- you know, the value of our land in this ST
treatment.
But we're here basically to answer any questions you may have
for the five of us. But with all my conversations in the last four or five
months, we'd like to help these people out as much as we can and at
least if we can't get access, you know, to do something else.
But first and foremost, thank you for considering our dilemma
and recognizing our problem. We certainly appreciate it.
CHAIRMAN STRAIN: Any questions?
(No response.)
CHAIRMAN STRAIN: Sir, I have a few. When you bought the
land, did you know it was landlocked?
MR. MARTINIQUE: No. This -- my wife's family had owned
the land for about 40 years, 50 years. And I can't remember exactly
what they paid for it, but -- so my father-in-law is now deceased so I
can't answer that question.
CHAIRMAN STRAIN: So you don't -- did you ever mortgage it?
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MR. MARTINIQUE: No.
CHAIRMAN STRAIN: So you don't have a title policy on it?
MR. MARTINIQUE: No, no.
CHAIRMAN STRAIN: When you got the tax bill, did you
inquire through the tax assessor's office whether or not the value was
based on landlocked land or developable land or ago land? Or what
valuation were you paying taxes on; do you know?
MR. MARTINIQUE: We just assumed, as we seen the property
values escalating in the area -- my wife and I are fairly new to the
area, and we just accepted what the assessors was, you know, basing
their value on and paid the taxes accordingly.
CHAIRMAN STRAIN: Do you know what the value was based
on your -- it would say so on your tax card. Did you study that at all or
tell us -- because you can appeal the value. If it says developable land
or it says it has entitlements, your value for tax bases will go up. If
you don't have those or your land's restricted, you could argue
successfully a lot of times with the tax assessor that the value is
wrong, based on the fact that you don't have the land he thinks you
have. I don't know what your tax assessment says. Is it ag., do you
know or--
,
MR. MARTINIQUE: Yeah, it is ag., but other than the fact on
that 1--
,
CHAIRMAN STRAIN: It's just ago
MR. MARTINIQUE: Yeah.
CHAIRMAN STRAIN: Ag.'s about the lowest I think you can
get anywhere, so -- okay, thank you very much, sir.
MR. MARTINIQUE: Thank you.
CHAIRMAN STRAIN: Any other questions?
COMMISSIONER SCHIFFER: Mark, I have one --
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: -- before we go, and it's on the
school.
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It was pointed out that the high school is overburdened right now.
Is that something we should have a concern about, or -- it says that the
Gulf Coast High School has a capacity of 1,900 and there's 2,100 there
now.
MR. EASTMAN: I believe the appropriate time for that would be
handled once concurrency the state mandates for the concurrency
program were adopted and put in place.
COMMISSIONER SCHIFFER: All right, thanks.
CHAIRMAN STRAIN: Any other questions?
(No response.)
CHAIRMAN STRAIN: Okay, there was a -- the applicant asked
for a short rebuttal.
And Mr. White, before you get into the rebuttal, why don't we
solve a couple of the remaining questions raised by staff.
One was the contiguous preserves. I understand you already
agreed to that?
MR. WHITE: Yes, sir.
CHAIRMAN STRAIN: Okay. The change of the language in the
north part of the master plan to go from a compensating right-of-way
to a potential turn lane. Is there a problem with that?
MR. WHITE: No. Accepted.
CHAIRMAN STRAIN: Okay. And the other issue on the height.
Correctly so, we had actual height, we only talked about in the PUD
of the multi-family. Staff is suggesting that we put an actual height for
the remaining elements, since they're all 35 feet. Do you have a
standard that you're looking at for all those 35-foot designations to
have an actual height of?
MR. WHITE: For the single family?
CHAIRMAN STRAIN: Well, it would be all 35 feet, whatever
you want to do. If you want to do them individually, I don't care. But
we ought to fill the blanks in.
MR. WHITE: That would be actual height max of 40 feet.
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CHAIRMAN STRAIN: Okay. So all the 35-foot zoned height
would have a 40- foot maximum actual.
MR. WHITE: I understand this commission's desire for that, but
CHAIRMAN STRAIN: Yes, you do. Thank you.
COMMISSIONER SCHIFFER: Mark, can I have a question?
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: On the single-family residential,
what's the concern with actual height? I mean, they have a roof -- the
zoned height's going to limit the size of the roof. So all's your doing is
-- I mean, do we have somebody, you know, doing excessive cupolas
or something? I mean, why would -- the only thing that's going to be
on a single-family house above a roof is going to be a cupola, maybe a
bumped skylight. I mean, what are we controlling?
CHAIRMAN STRAIN: I can give you a real life example. I had
a project come through. I do design review for a village HOA, and the
project comes through and it was a 25-foot maximum height, no
actual, they had a steeple on top that was about 50 feet high.
COMMISSIONER SCHIFFER: On a house?
CHAIRMAN STRAIN: Yes. It didn't make any sense. It was one
of these ornate large sprawling homes and they had to have this
signature steeple. It didn't make -- well, I don't think they called it a
steeple, but that was my terminology.
COMMISSIONER SCHIFFER: They probably called it a cupola.
CHAIRMAN STRAIN : Yeah.
COMMISSIONER SCHIFFER: So there is --
CHAIRMAN STRAIN: But it didn't make sense. And I just
thought that staffs right, why don't we just -- it won't hurt to limit it. If
they say they can do 40 feet, what's wrong with putting 40 feet in
there as a maximum?
COMMISSIONER SCHIFFER: I mean, if there's cupola abuse,
then let's get it. Let's nip it in the bud.
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February 7, 2008
But my point is that all of this turns on what the courts and the
general law of the state have called reasonable practicable routing.
There's nothing that yet tells us we are there in terms of using the
Brandon RPUD roads for all the parcel owners that are out there.
There's no development per se of those parcels and, hence, it is
difficult to, quote, interconnect. As was the issue between Brandon
and Della Rosa. But even in that instance it was determined that
interconnection wasn't appropriate.
So I just want to make sure that we're not in a rush to protect
folks who I agree that they should be given every right they have
under the law to not only petition you to assist in some of the problem
solving, but they themselves have to more clearly define the solution
before any of us can help them.
(Electrical power outage.)
MR. WHITE: I'm not going to comment about that.
CHAIRMAN STRAIN: You're a powerful speaker, Mr. White.
MR. WHITE: Electric.
So just in sum, we're not objecting in any way that says we won't.
And in fact, I mean, if you look at what the statute says, that's what
activates it is if we do object.
So at this point we're not objecting except to the idea that we may
not be properly talking about interconnection in the pure sense that I
think some of these provisions would mean. That's something this I
think commission's going to have to deal with more clearly going
forward. Not only in PUD's but perhaps in the LDC itself.
Moving from that to the concerns about the EAC. The Della Rosa
project was very similar in terms of percentage and percentage of
infestation and degree of infestation in its wetlands. The concern there
was one that was I believe adequately addressed by what is understood
to be the subsequent permitting through South Florida Water
Management District.
We know that to the extent we will be creating a contiguous
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d--
preserve to the south and east of the project that we are going to
provide the best historical flow for that cypress head that the
landlocked owners own. That is the direction of the sheet flow; that is
the direction through our preserve; those are the things that we're
anticipating through south Florida permitting we're going to do to
protect that wetland.
To the extent that roads may be required based on some
determination that that's the most reasonable and practicable route, it
may harm that water -- that wetland. We don't know.
But I just need to make sure that you understand that there have
been very similar circumstances where the EAC recommended
unanimously in favor.
I think Laura was perhaps a bit more kind than I'm -- to observe
about what the EAC motivations were, not withstanding the actual
motion itself.
It's fair to say, and I think it's still the case today, that
environmental staff believes that this is a project that meets
environmental requirements. Notwithstanding the position taken by
the EAC.
And I would -- if you've looked at the detailed minutes, in fact
the discussion on the record is one where the chair himself is the
dissenting vote, based upon his belief that that body was to some
degree intruding more into this planning commission's area of
concerns and straying perhaps a bit from the pure discussion of
environmental concerns.
So I'm not saying that those discussions were not within the
scope or jurisdiction of that body, I think that they can have a dialogue
about them. But I believe that it's the purview of this body to talk more
about the actual property development regulations, building heights,
building placements, and consider those things as part of your
recommendation.
I think lastly in that respect as to the environmental, we are a
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rezoning request for a PUD . We are not seeking site planning today.
This is a project that is just under the GMP density cap. It is consistent
in that regard, with the exception of the discussion about
interconnectivity, as to all other matters of the GMP.
We believe that it is at a type of density and a type of product
that is consistent with and compatible with the developments that are
in the area.
And unless there are any specific questions, I'd just like to start --
or excuse me, end sort of where we started when we were under the
discussion about addenda to the agenda.
In the 62 pages you received, some of you received yesterday,
are letters from many of these individual property owners. And I think
one of the things that from my reading of them that rings out clear is
that they were concerned about their property being purchased. And
so I just want to make sure that we're not somehow going to create
through this process an outcome that the market itself should be
allowed to find the proper value for.
And with that, I would just like to conclude that with respect to
Mr. Midney's concern about our offer to address affordable housing,
I've had a discussion with Mr. Chinnici and we believe that consistent
with other applicants, we feel that $1,000 per unit is something that
we're prepared to offer to address that concern, and would have no
objection to it being included as a condition or stipulation.
If there are any questions, I'd be happy to try to address them.
CHAIRMAN STRAIN: Mr. White, I have one question before
Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Vigliotti.
CHAIRMAN STRAIN: I've got to start pronouncing your name
right. I'm sorry for all the past mispronunciations.
Mr. White, the enhanced buffer that was supposed to go along
the eastern side and those northern edges, we discussed that one was
going to be there, and it was simply said well, it's going to be 15 feet.
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tebruary 7, 2008
MR. WHITE: Type B.
CHAIRMAN STRAIN: Okay. That's what I was getting at. So
it's Type B, 15 feet.
MR. WHITE: Right. The master plan for that northeasterly
north-south running portion of our property that abuts the FP &L
easement would be a IS-foot, Type B buffer.
CHAIRMAN STRAIN: Okay, thank you.
And Mr. Vigliotti, and then Ms. Caron, and then Mr. Schiffer.
COMMISSIONER VIGLIOTTI: Mr. White.
MR. WHITE: Yes, sir.
COMMISSIONER VIGLIOTTI: I really wish that you could
have worked this out with the other property owners long before you
got here. It would have this whole process a lot easier. At this point
Mr. Blume was just hired by his clients.
MR. WHITE: If I may--
COMMISSIONER VIGLIOTTI: Go right ahead.
MR. WHITE: -- provide some additional information.
Mr. Blume and I have been having conversation about these
properties for I would say at least six weeks, closer to perhaps eight.
COMMISSIONER VIGLIOTTI: Do you feel at any point in the
future you'll be able to work something out with Mr. Blume and the
clients, or are you just at an impasse?
MR. WHITE: I believe that it is possible we may. Certainly if
this petition is ultimately approved, it puts the property owner in a
position to be able to I think more effectively negotiate not only
potential acquisitions but arguably to the extent that there may be
some unified posture taken by the individual owners that an access
point could be located.
So I think that there is potential, great potential in that regard.
COMMISSIONER VIGLIOTTI: Just a suggestion. Do you think
more time between you and the other property owners would help or
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MR. WHITE: I don't believe so. I think we've adequately
discussed the various issues of potential access points of value of the
properties. Although that's not part of what my specific representation
includes. But I'm aware that there have been significant discussions, as
there were with Center Point.
COMMISSIONER VIGLIOTTI: So you're very confident then.
Okay, thank you.
MR. WHITE: Thank you.
CHAIRMAN STRAIN: Ms. Caron, then Mr. Schiffer.
COMMISSIONER CARON: Just a quick question. When you
went to the EAC, were they looking at the plan when the preserve was
some 13 plus acres, or did they have this --
MR. WHITE: They saw essentially this plan. We were delayed a
month in getting to that.
COMMISSIONER CARON: That's okay. That's all I needed to
know.
And I am very much inclined to agree with Mr. Vigliotti, that it
seems like more time is needed for you to be discussing this with these
other property owners. And if truly you can't come to an agreement,
then that's an issue for us to decide, but--
MR. WHITE: We had encouraged -- if I may respond, Ms.
Caron. We had encouraged them to even offer some methodology by
which we would be able to calculate how we could cost share for use
of the roads, the private road, in what the statute itself asks and tells us
that the judge would have to decide, or a jury.
And so I appreciate your perspective on it and I respect it in
believing that it could get the parties, if you will, to some place where
there's an outcome. But my belief is that that's more likely to occur if
we're in a position where we believe that there's a likelihood that we're
in fact going to be able to create the very roads that they're looking to
use for access.
Until we're at a place where it's a possibility or a probability, let
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alone a certainty, it is far more challenging for both sides to try to
understand what may be an appropriate value, both for the land and
for the actual costs for compensation for the servient landowner. But I
appreciate your perspective.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Patrick, do you own the land --
the dark arrow on the screen, do you own the land that that --
MR. WHITE: That -- yes, we do own the land that goes out
there. There's just a little notch of one of the parcels to the north that
we don't. We have significant frontage. And I may be misspeaking.
COMMISSIONER SCHIFFER: I mean, you see that little
triangle? It could be part of the fire station site.
MR. WHITE: That's in fact part of the right-of-way I believe the
county owns.
COMMISSIONER SCHIFFER: The second question: You know,
what you just described, and I share the problem with Donna and Bob
is what you're saying is that you want to work out the money and then
you'll come up with the need.
But I think the problem you're going to have with me is I can't
really let it leave here until you show the need; in other words put the
arrow on the drawing. You guys --
MR. WHITE: We're happy to do that.
COMMISSIONER SCHIFFER: You guys can figure the money out
later.
MR. WHITE: We're happy to do that, Commissioner. We just--
like the transportation staff, because there is no unified point that
makes it simpler or actually achieves what the goal of the regulation
is, which is to provide essentially a kind of unified access point, we
would literally have to litter that easterly boundary with the interface
between each property owner.
I mean, we have some suggestions that I believe Mr. Strain may
bring forward that, if that's the direction of this body, that we may find
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February 7, 2008
acceptable. In particular, I think the idea of an access point on the
south side or potentially the east side going north bound, those to us
seem to be potentially viable solutions.
COMMISSIONER SCHIFFER: I mean, we could do -- I mean,
you give me that thing with the owners and we could draw some
arrows and it's done.
But the point is, is right now this is open land. If we let this go as
it's shown, we strangle these people by that action. And --
MR. WHITE: But I guess the question is whether you're causing
them harm. We believe that by allowing the rezoning to go forward,
we're actually assisting in providing the solution and removing the
harm that they already face, because we're going to be able to assist.
That's the most practicable route --
COMMISSIONER SCHIFFER: You know, one --
MR. WHITE: -- providing access.
COMMISSIONER SCHIFFER: -- thing that -- the special
treatment area, that's not developable land, is it?
MR. WHITE: I wouldn't want to comment on its potential
developability. It is ago with an ST. It is, from the lidar maps we've
seen and aerials, cypress head, there will be in my opinion, I think it's
safe to say, significant environmental challenges.
COMMISSIONER SCHIFFER: So what if you just put access
into the -- we called it the westerly side. That's an obvious one. You
put it into that northern one, that's an obvious one.
And then what about the three guys hanging out behind the fire
station? Don't they -- your road is right alongside their southern
boundary.
MR. WHITE: We have -- there's only one property. The two to
the north are, if you'll recall, Della Rosa. Those are going to be
preserve. The Armartheo (phonetic) properties.
COMMISSIONER SCHIFFER: Okay, so the ones --
MR. WHITE: The more southerly ones, Perchinni (phonetic) and
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February 7, 2008
-- at this point I believe he may very well have a right of access.
COMMISSIONER SCHIFFER: To you or to another?
MR. WHITE: To both.
But we're not objecting, if the conclusion again comes to the
place where somehow that has to be provided for.
COMMISSIONER SCHIFFER: And here's why I like that,
Patrick, is first of all, the ST sites are still landlocked, but they can go
through one of these other sites. So we can pass that problem on to the
other sites. I mean, and then you guys can fight over the money, and
then we can in good conscience realize that we haven't locked these
people in.
MR. WHITE: There's two valuations that are of course in
question. One is the acquisition of the properties in fee. And the other
is any offer from them, which we've had none, to assist in some way.
of calculating how they pay a portion of the road costs and
maintenance.
It's difficult, because they aren't like a true property openers
association of five homeowner owners where you have one entity to
deal with. So I understand Mr. Blume's challenge.
But we're not opposed to any legally required access being a
condition of or being shown to some degree on our master concept
plan. And I don't want to be seen as somehow objective, because we're
not.
COMMISSIONER SCHIFFER: Well, then let's show it. Move
on. Because here's the thing, Patrick, we don't want to do is we don't
want to landlock them. And that may give you an unfair edge on
negotiating price to them.
MR. WHITE: I don't believe so, because the court is the one
who's ultimately the arbiter of that, if we ourselves can't come to some
better determination.
But my point is if the zoning is either a probability or certainty,
then we're not dealing with an if come (phonetic) to buy something
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that we may never be able to use.
COMMISSIONER SCHIFFER: Then let's show them on the
master plan.
CHAIRMAN STRAIN: I mean, Brad, are you done?
COMMISSIONER SCHIFFER: Yes, I'm done.
CHAIRMAN STRAIN: Okay.
Patrick, I'm assuming you're done?
MR. WHITE: (Nodshead affirmatively.)
CHAIRMAN STRAIN: Anybody got any further questions?
(No response.)
CHAIRMAN STRAIN: Thank you, sir.
MR. WHITE: Thank you.
CHAIRMAN STRAIN: Ray, we've heard everything and
everyone; is that correct?
MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: Okay, then we'll close the public
hearing.
And the recommendation of one of our planning commission
members, I'm going to suggest that we have a discussion before we go
to motion as a process to see how that works. If so, it maybe it will
save some unneeded motion or something like that.
So on that basis, let's just open the floor to discussion amongst
the planning commission members on where any of us have any ideas
on where this should go.
And I do have -- just for the record, I've made notes. There are at
least 16 stipulations that I would want to voice in regards to this
project as we go forward.
COMMISSIONER VIGLIOTTI: I have --
CHAIRMAN STRAIN: So with that in mind, Ms. Caron and
then Mr. Vigliotti. Did I say it right again?
COMMISSIONER VIGLIOTTI: Perfect, thank you.
CHAIRMAN STRAIN: I'm getting there.
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Go ahead, Ms. Caron.
COMMISSIONER CARON: Well, this is a very difficult
situation. But I am not sure that we are not here too soon.
I think I agree with Mr. White that for us to arbitrarily put access
points on here may in point of fact harm his client in some way.
Conversely, if we don't put those access areas on there, then we
landlock people and we should not be doing that.
It seems to me that these parties need to get together; that this
PUD has come before us too soon.
I haven't heard a lot of objections from anybody to the basic
concept of the PUD, but there are these overriding issues. And so I'm
not so sure we shouldn't be thinking about sending these two parties
back to, you know, put on their gloves together.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I think they had plenty of
chance to do it. I asked Mr. White ifhe thinks they should go back and
do it. So I'm going to have to vote no against this, that we do not send
it up for approval. That's my opinion.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I guess what I'm struggling with
is if this assembled unified parcel, that Brandon parcel, if that were not
to go forward, would those other parcels that are in question, would
they still not be landlocked at this point? If nothing happened, would
they not be landlocked? Would they still not have a problem that
they'd have to deal with somehow, some way? And by pushing it back
in time, this development, whether it's appropriate or not, but simply
by pushing it back in time have we helped to solve a problem or to
perhaps institutionalize a problem for another 10 years or so?
I'm not sure -- I mean, if the purpose of the land is to be utilized
here in a district that allows for this particular density, they're not
exceeding it. I recognize it's an irregularly shaped parcel. Perhaps it is
so because owners of those landlocked parcels were disinclined to sell
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it until they could drive a price up. I don't know that. That's a
possibility .
But it troubles me that if we don't take some action, we haven't
helped to solve a problem either. There'd be no motivation on the part
of those owners to go any further with it. So I will proceed on that
basis.
CHAIRMAN STRAIN: Well, I want to, before -- I'm going to
take a turn out of sequence, if you all don't mind, because I asked Nick
specifically questions pertaining to the Land Development Code's
requirements of staff. And I did that very carefully to get it on record
because we are here to abide by the Land Development Code. The
Land Development Code does require interconnections at certain --
based on certain actions, standards and opportunities.
Nick, in his representation as designee of the county manager,
had the ability to make those recommendations. He is standing by.
And when I asked specifically the recommendations here on this
project today, which means that as designee of the county manager, he
went through the aspects that I read on the record.
I also am concerned that how can we impose on one landowner
the lack of action and foresight that other landowners didn't have? It's
like saying the same thing could apply anywhere at any PUD in the
county where someone adjacent to it decided they wanted to have an
access exit or (sic) through that PUD. They could have thought of that
years in advance. They could have made those negotiations before this
one owner assembled all those properties. They didn't have the
foresight to do so.
Their tax base, from what I understand, seems to be ag., which is
a low tax base. It's not necessarily a great tax base. So I'm not sure that
there's any reason why this shouldn't go forward at this point, along
with a series of stipulations that have been developed out of today's
discussion. But that's my thoughts on it.
And Mr. Schiffer, I think you were next.
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COMMISSIONER SCHIFFER: And my concern, Mark, is that
this is an open area of land. There's no guarantee that a PUD like this
has to work. I mean, we're going in, these guys have a geometry
they're playing with, and that geometry I think hurts other people. It
landlocks other people. So I don't think that's the appropriate
geometry .
I see that they could easily get rid of me by putting three access
points to three sites and I'd be a happy guy. They can locate the access
points later. All's they have to do is just provide access to these
people.
Other than that, I'm going to vote no. And maybe this is a part of
the county that gets developed with a grid road system, not a PUD.
CHAIRMAN STRAIN: Okay, are there any other comments
before I ask for a motion on this particular project?
(No response.)
CHAIRMAN STRAIN: Okay, hearing none, I'll ask for a motion
-- Mr. White, this is discussion amongst the planning commission,
you've had your time. So thank you.
MR. WHITE: It's just if there's a possibility that we could assist
you in your decision-making, I think that --
CHAIRMAN STRAIN: Do you have something to contribute?
MR. WHITE: -- Mr. Casalanguida may make a recommendation
that we'd be willing to agree to in terms of whether you call them
interconnection or access points --
CHAIRMAN STRAIN: Okay. Well, if it helps --
MR. WHITE: -- shown on the master concept plan. If that is
possible.
CHAIRMAN STRAIN: Let's try it then. I'd rather get us moved
forward in a positive direction. I just don't want any more debate on
the issue. I'd rather --
MR. WHITE: No debate, sir. No, we're prepared to make a
commitment. And I think we'd just prefer to have Nick make the
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recommendation so that we're meeting what you see as the LDC
requirement.
CHAIRMAN STRAIN: Okay, Nick?
MR. CASALANGUIDA: What Commissioner Caron said, if
they're willing to compromise and show a bunch of potential future
connection points on their PUD master plan, say subject to the
petitioners coming forward and seeking legal access and paying their
fair share, that's a pretty good compromise. That eliminates my
concern and I think everybody else's concerns.
Putting it off to a later date, I can tell you negotiations don't go
well because everybody's trying to leverage it. Putting those arrows on
the master plan allows them not to have to come back for a PUD
amendment later and then the petitioning landowners on the sides
would just have to compensate him for whatever they would lose. And
so I think that's a pretty good compromise to solve this.
CHAIRMAN STRAIN: Nick, could you articulate that in a
manner that we could put as a stipulation, should we want to consider
.t?
1 .
MR. CASALANGUIDA: With a little help, I guess. Ifwe show,
maybe take our master plan and put the arrows on there.
COMMISSIONER VIGLIOTTI: I have a question.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: All these negotiations are
happening right now as we speak?
MR. CASALANGUIDA: They haven't happened yet. But now if
these people put potential connection points on the master plan and
say to the people who are seeking access, if you pay us for the road
we're going to build and you pay us for the land we use then, you
know, that process through the legal requirement for interconnection
through the statutes, we'll provide it through our property. That's a
pretty good compromise.
COMMISSIONER VIGLIOTTI: Okay.
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CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Well, I just have one question on--
in that regard.
So essentially approving this PUD is giving this developer the
right to hold a gun to these people, though, too and say this is what I
want for the access.
MR. CASALANGUIDA: No, the language that you would say
would be, you know, just and fair -- pursuant to what the statute says
is you're entitled to compensation for what you have to expend to
provide that access. If they lose a building lot, they would have to be
compensated for the building lot. If they lose --
COMMISSIONER CARON: Do we need to have some official
legal language before we do this?
CHAIRMAN STRAIN: Well, I think they're going to propose
some language and we could always weigh in on it after they propose
it. So let's hear it first.
MR. CASALANGUIDA: If you show the -- you'd have to show
the con -- because you're going to have to reference those on the
master plan.
MR. WHITE: If I understand correctly what Mr. Casalanguida
and the prior discussions was referencing, that an interconnection
arrow would be shown on the southerly side of our mid lake.
Similarly, a southward pointing arrow would be shown on the easterly
side of our mid lake.
And along the westerly side of our property boundary, an
interconnect arrow showing to the south to the west of our southerly
lake. I think that those are the ones that we believe would best assist
the most number of property owners.
MR. CASALANGUIDA: And if the language was to read that
the developer would be duly compensated for any loss of land that's
required to provide that interconnection and the people that would use
that interconnection would pay their fair share towards what the
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developer has built into the roadway network and agree to pay the fair
share towards maintenance, I think that solves your problem.
CHAIRMAN STRAIN: Mr. Schiffer, then we'll move over to
Mr. Wolfley and Mr. Vigliotti.
Mr. Adelstein, did you want to say something, too?
COMMISSIONER ADELSTEIN: No, let them go through--
CHAIRMAN STRAIN: No, I just didn't know if you did or not.
So you'll be fourth.
COMMISSIONER SCHIFFER: Patrick, could you put that back
up a second.
Rather than bring it in where you show it up at the top, I'd rather
see -- see the "A" on that one site? We've called it the northern
property. I'd rather it -- if you draw it in where it went into that "A".
And the reason being is that it keeps it out of that special treatment
area. We would not want access to the "A" site to be via the special
treatment.
It does make it maybe difficult for the special treatment to be
developed, but I think we're doing the ecology benefit if we do even
cause that.
So I'm saying do a -- you know, head east into the "A".
MR. WHITE: If I understand correctly--
COMMISSIONER SCHIFFER: Right there.
MR. WHITE: -- you would want it to come south.
COMMISSIONER SCHIFFER: You can go any way you want,
but get to "A" . You could come from, you know, head east or you can
head south to get to it.
MR. WHITE: As opposed to using this?
COMMISSIONER SCHIFFER: And then kill that. And you only
need one of those, you don't need two.
MR. WHITE: Well, I think we may actually prefer to leave both
on there and make an election.
COMMISSIONER SCHIFFER: That's fine. That's fine. This
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could have been done verbally, but that's fine.
CHAIRMAN STRAIN: Is that it, Mr. Schiffer?
COMMISSIONER SCHIFFER: That's it.
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: In looking at that same map that
you've got up there, that center connection point, maybe I missed it,
but did we discuss the owner of that parcel?
MR. WHITE: I believe that Mr. Strain had indicated that we had
an easement along our easterly side. But our belief is that that would
provide access on the -- provide access to this property owner. Am I
correctly pointing to the --
COMMISSIONER WOLFLEY: Yes, that's the one.
MR. WHITE: Right. This would be an access that we would
anticipate would be on the southerly edge of our lake.
COMMISSIONER WOLFLEY: Okay.
MR. WHITE: And that's non-ST. So it has some greater potential
to be developed for single-family or whatever might be appropriate
under the existing or changed zoning.
COMMISSIONER WOLFLEY: Thank you.
CHAIRMAN STRAIN: Okay, Mr. Vigliotti then Mr. Adelstein.
COMMISSIONER VIGLIOTTI: What we're doing now by
throwing these arrows, we're going to again put the developer in the
negotiating position with the people that live there and are landlocked.
They couldn't come to a conclusion in all this time and couldn't
resolve it. Now all of a sudden we draw a few lines on a piece of paper
and they're going to go back to resolve it?
MR. WHITE: I think what happens is that it puts us in a posture
where we're talking about what are then on the regulatory side, on the
PUD and land development regulation side, in a place where there's
the potential for a resolution. Up until now we haven't had anything
that focused where the solution may exist on the ground.
With that regulatory side coming into focus we can deal with the
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real property issues of valuation more precisely.
COMMISSIONER VIGLIOTTI: Okay. So you're saying now,
now within the last 10 or 15 minutes?
MR. WHITE: Probably within the last five --
COMMISSIONER VIGLIOTTI: Over the past -- this is going on
for years, so within the last 10 minutes now is a possibility?
MR. WHITE: Well, I believe so.
COMMISSIONER VIGLIOTTI: Okay.
MR. WHITE: What I need is simply to have Mr. Blume or
someone else tell me that those are acceptable points for them and
then we can get down to the methodology which I think Mr.
Casalanguida has clearly put on the road is the typical way that
homeowners associations and other developments, when they have to
use each other's roads resolve these types of issues.
CHAIRMAN STRAIN: Mr. White, this is getting very
complicated.
Mr. Blume, could you come to the microphone for a minute.
Can you -- you represent these six people and you can speak on their
behalfs?
MR. BLUME: Ifwe could put that illustration back up, I can
clearly identify who we represent and I could speak on their behalfs,
yes.
I respect the --
CHAIRMAN STRAIN: You need the mic. Yeah, the mic's not
picking you up very clearly.
MR. BLUME: I represent property owners two, three, four, five
and six.
And as far as an access point, and that's all we're really looking
for these property owners is an access point, I think it makes more
sense to run an access point along the northern boundary of this
proposed preserve area, which would provide access to this parcel
here and this parcel here if we were to within these five property
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February 7, 2008
owners develop private easements.
COMMISSIONER WOLFLEY: We can't see it.
CHAIRMAN STRAIN: You need to use the pointer on that
overhead projector. It works for you on that one, but nobody else.
MR. BLUME: Okay. We're really addressing--
CHAIRMAN STRAIN: We're high tech here, by the way.
MR. BLUME: These are the property owners that I respect: Two,
three, four, five and six. This is the proposed area by Brandon for a
preserve.
If there was an access point granted here, it would provide access
to this property owner here, whom I don't represent. But it would also
provide access to these unified group of owners to develop private
easements within their land to access this area here.
An access point here leaves my group of owners one more
private party to negotiate with as far as to developing another private
easement similarly situated with this owner as well.
So I would just suggest that we have an access point along the
northern boundary of the preserve or proposed preserve area.
CHAIRMAN STRAIN: Mr. Klatzkow?
MR. KLATZKOW: And would your clients commit to give
access to the property owner number one and the other property owner
that you don't represent, who I believe is above number two?
MR. BLUME: I believe, if I understood the testimony earlier,
property owner number one has an existing easement, correct?
MR. KLATZKOW: I don't want to come back here again with a
volcanization. We're giving you potentially an access -- this one
access I want to take care of everybody. And you represent two, three,
four, five, six. And you're saying that one access point will grant it and
you'll have reciprocal easements.
And all I'm asking is will you commit to the planning
commission you'll also give reciprocal easements to property number
one and the one up on top.
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February 7, 2008
MR. BLUME: It's not been discussed amongst my client, so I
cannot commit to --
MR. KLATZKOW: So we could be still-- we could still be
landlocking then two people here.
COMMISSIONER VIGLIOTTI: That's enough.
CHAIRMAN STRAIN: Mr. Blume, are you in touch with your
represent -- the people you represent?
MR. BLUME: Yes.
CHAIRMAN STRAIN: Okay, it's close to lunch time. Ifwe took
an hour break for lunch, could you and Mr. White and your people
come back with a better plan, better language, and a way to wrap this
up? Because if you don't, it doesn't look like it's going to survive the
day. So we probably need to get some time for you guys to get
together.
We're going to be here past lunch. Maybe we'll just come back at
1 :00 and talk about it. Does that seem to be an idea that might --
COMMISSIONER MURRAY: Good move.
CHAIRMAN STRAIN: -- relish some results? And Mr.
Adelstein still wants to ask his question, so --
COMMISSIONER ADELSTEIN: Yeah, a little bit different.
CHAIRMAN STRAIN: Go ahead, Mr. Adelstein.
COMMISSIONER ADELSTEIN: The question I have now is
who is going to decide the amount of money that's going to be put into
this? Are the two of them going to do it together or are we going to
have them tell you what it's going to cost you -- cost them?
MR. BLUME: I think there's an agreement on this issue. If the
two parties can't privately decide on the compensation, there is a
judicial procedure where the court would decide the just compensation
to be awarded for the --
COMMISSIONER MURRAY: It's to be determined.
MR. BLUME: -- use of the easement.
CHAIRMAN STRAIN: Let them have the hour right now to
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work this out and come back to us so we don't get any more
convoluted than it currently is.
Mr. White, does that seem something you can work with Mr.
Blume on, or at least try?
MR. WHITE: Absolutely.
We just have one concern about where he's suggesting it.
Because we're going to have to put out preserve there in order to have
it all be contiguous. So I'll talk with Mr. Blume off the --
CHAIRMAN STRAIN: Yeah, there's some people from the
county staff here, maybe they could work with you. Melissa, what did
you want to say?
MS. ZONE: Commissioner, that's exactly -- I wanted to remind
that, they need the 25 percent contiguous preserves, which that --
where Mr. Blume was showing the arrow will affect the preserve, the
additional 25 percent that is not a good access point.
CHAIRMAN STRAIN: Well, they could also get more out of
Nick, too. So let's adjourn till 1 :00 and hopefully come back with a
resolution, and we can get back into the rest of our cases.
MR. WHITE: Thank you, Mr. Chairman.
(Lunch recess.)
CHAIRMAN STRAIN: Okay, everyone, welcome back from
your productive lunch, I hope.
During that time -- just before we left for lunch the planning
commission was discussing the parts of a motion that may yet to be
made. In that discussion we asked that the applicant and the adjoining
property owners who were having some lack of uniformity come
together and see if they could come back with something that would
actually strike a balance.
And Mr. White, I'm hoping you were successful during your
lunchtime with the other gentleman?
MR. WHITE: Mr. Chairman, Commissioners, yes, we were. And
I thank you, both on Mr. Blume's behalf and mine and my clients as
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well for affording us the opportunity to do so.
I will be brief.
We have agreed to the addition of access points for
interconnection at the points shown conceptually on the master
concept plan being provided for the record, which is on the visualizer
and I will be giving to the court reporter at the conclusion of the
proceedings.
And that the costs for providing such access, as well as
maintaining such access, will be determined by the developer and such
landowners as may be desired to utilize anyone or more access point
or points. Or in the alternative, as provided for by general law.
And I believe that your staff is agreeable to that.
I had spoken with Mr. Casalanguida while we were on the break.
Rather than going through and trying to define some methodology
today, we've agreed amongst ourselves that we pretty much know how
we want to determine that. And if we can't agree, we've agreed that
we'll seek a court determination.
COMMISSIONER MURRAY: Mr. Chairman?
MR. WHITE: So with that and the points that are shown, if there
are any questions about where they are on the master concept plan, I'm
prepared to put that on the record and ask that Mr. Blume would
agree.
CHAIRMAN STRAIN: Mr. Blume, if you could come to the
microphone and acknowledge that you two had met and came to this
conclusion that would be helpful.
MR. BLUME: Yes, we did meet and I do agree with Mr. White's
summary of the agreement that's been put on the record. And those are
the access points that are directed on the master plan.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yeah, the only thing I would like
to happen is that this document be given an identification as an exhibit
so that it can be clearly located in the records as we go forward,
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because it is one of many that are flying about.
CHAIRMAN STRAIN: Mr. White, that document you put on is
the one you're going to give to the court reporter?
MR. WHITE: Yes, sir.
CHAIRMAN STRAIN: Is there a motion by the planning
commission to accept that document into evidence?
COMMISSIONER MURRAY: So moved.
COMMISSIONER SCHIFFER: Second.
COMMISSIONER CARON: Second.
CHAIRMAN STRAIN: Moved by Mr. Murray, seconded by Ms.
Caron.
All in favor signify by saying aye.
COMMISSIONER SCHIFFER: 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. Thank you.
MR. WHITE: For the record, I'm identifying it as Exhibit Z, just
because I have no knowledge of what the other exhibits of the
application may be.
CHAIRMAN STRAIN: Close enough.
MR. WHITE: Thank you.
CHAIRMAN STRAIN: Thank you, sir.
Okay, now we're still in discussion before a motion, but let me
suggest the stipulations that I wrote down before we left for lunch, to
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make sure if there is a motion of recommendation we could possibly
include these.
The first one being basically what Mr. White said, that the
Exhibit Z showing three potential interconnection arrows conceptually
will be accepted and the cost for those connection points will be
determined by the developer and the landowners who want to use
those, and! or as provided by general law .
The other stipulation -- I'll go into the regular ones now. We're
looking at a three-story maximum for the multi-family, in addition to
the 50-foot maximum.
The north and east property lines will have a 15-foot, Type B
buffer.
COMMISSIONER MURRAY: Excuse me, Mr. Chairman did
you say 50 or 55?
CHAIRMAN STRAIN: Fifty. It's as the table shows. You mean
the height?
COMMISSIONER MURRAY: Okay. But the 55 is the actual.
We're going by zoned.
CHAIRMAN STRAIN: I haven't gotten that far. All I was talking
about was the three stories.
COMMISSIONER MURRAY: That's what I was talking about,
because that's what I remembered, multi-family, 55 actual height.
CHAIRMAN STRAIN: Okay. That, and then we're talking about
a 15-foot B buffer on the north and east property line.
We're talking about the multi-family actual being a height of 55
feet.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: The minimum principal setbacks will
change, as we discussed on the record.
Strike footnotes four and five of Exhibit B.
The preserves that are to be added to complete the required
minimum will be contiguous.
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And the interlocal agreement between -- that the school board has
presented as into evidence will be added as a part of Exhibit F, Item F.
We will accept staff recommendations.
Deviations that we would recommend for approval are deviations
one, three and six.
The turn lane designation on the top of the master plan will be
referenced as a potential turn lane.
We'd be adding actual heights to the development standards
table, as we discussed at the meeting.
There will be a hold harmless provided for any legal challenges
that may come about on the interconnection issue.
A $1,000 contribution to the affordable housing fund will be
accepted --
COMMISSIONER WOLFLEY: Per unit.
CHAIRMAN STRAIN: -- as a contribution. Per unit.
And I believe that is all.
Is there anything that anyone knows that I missed?
MR. KLATZKOW: Would you restate the deviation one, please?
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: The only deviations that this board is
recommending for approval are one, three and six.
COMMISSIONER MURRAY: I had the opposite.
CHAIRMAN STRAIN: Oh, I'm sorry, the only deviations we're
recommending for denial are one, three and six.
COMMISSIONER MURRAY: Thank you, that makes sense.
CHAIRMAN STRAIN: Thank you. Glad you caught that.
Appreciate it.
MR. SCHMITT: Mr. Chairman, again, for the record, the
affordable housing payment will be made at issuing of building
permit?
CHAIRMAN STRAIN: Typical to others that we have in the
same category in the same manner, yes.
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Any other questions, comments? Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, one thing that's still not
clear to me. During Laura's presentation she mentioned that we would
put an "R" over where the preserve used to be in the plan.
Laura, maybe put up the last -- the one that Patrick just entered,
Exhibit z.
I'm not a big fan of -- you know, is that a -- there's a white area.
You took away the preserve once you put the road in. And I guess it's
because you can't have a country road like I want it. But is the intent
to build units in that white space?
MS. DeJOHN: Yes, there's a request to put units east of that
connector road. I don't want to draw on Exhibit Z, because that's part
of the record.
COMMISSIONER SCHIFFER: And there are wide -- I mean,
I'm really not happy with that at all. And I think the sad thing is that
it's because we need to put this road in that we can't leave it as
preserve and we run the potential of having three-story buildings or
something up against it. So I think it's something that's still
unresolved.
CHAIRMAN STRAIN: Well, I mean, I suggested that we drop
the -- we limit the area between the preserve and Livingston Road to
single story, but I didn't seem to get any support for that. The
applicant didn't want to do that. What does this board want to do?
COMMISSIONER SCHIFFER: Well, and here's really what
they're saying is that the.preserve has to be contiguous, but not on
their site. When they mean contiguous do they mean to another
preserve off-site?
MS. DeJOHN: No, no.
COMMISSIONER SCHIFFER: Then your only location is there.
MS. DeJOHN: Actually, the potential for expanding the preserve
contiguously would be up -- I'm going to point to it.
COMMISSIONER SCHIFFER: Yeah, point to it.
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MS. DeJOHN: Northward. Visualizer. There you go.
COMMISSIONER SCHIFFER: Well, I mean, I would rather see
-- I mean, we have a beautiful-- Livingston Road's a pretty road.
We're going to take down the trees on Livingston Road to satisfy the
interconnection? Why don't we run the interconnection like Mr.
Murray was describing at one time, alongside -- which I think is really
dangerous. Living around Trail Boulevard in North Naples, that is a
dangerous driving situation.
CHAIRMAN STRAIN: Brad, I think we had testimony from
Nick that this is the viable solution to that interconnection. I think we
also have resolved that we're going to have to put the interconnection
to that Verona Walk (sic), or whatever that place is down to the south
.
In.
All that's already in place. To come back now and say we want to
the undo all that and make it all preserve to Livingston Road, we're
talking at starting all over again. I don't know if that's something we
can do here today.
COMMISSIONER SCHIFFER: Well, I mean, the original
proposal showed they wanted to put preserve in there, and Nick's the
one that made them chop it with the road.
Can't the road, Nick, be further towards Livingston, let them get
their preserve in there? Look what they're going to do: They're going
to put the preserve in the middle of the site, which doesn't benefit the
community .
MR. CASALANGUIDA: How much closer would you want it? I
think we did this with environmental staffs discussion. I think it was
one of those where we honestly, Commissioner Schiffer, we spent a
lot of time going back and forth trying to --
COMMISSIONER SCHIFFER: In the location?
MR. CASALANGUIDA: -- please everybody.
Yes sir, on that plan there.
COMMISSIONER SCHIFFER: So environmental came up with
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the conclusion that it was better to remove all of the vegetation rather
than move the road? I mean --
MR. CASALANGUIDA: No, sir. And you had said if we put the
road closer, you'd have to clear for that road anyway.
COMMISSIONER SCHIFFER: But here's what they're going to
do, Nick: They're going to see the road, they're going to put housing in
there. In other words, see the white? You put a road in there and you
got rid of the preserve. The gray space went away, it became white.
And now they're going to put residential around that road.
MR. CASALANGUIDA: Well, it's conceptual. If you want--
and I'm not doing their site design. If you wanted them to wrap that
connecting road around the --
COMMISSIONER MURRAY: Around the property line.
COMMISSIONER SCHIFFER: Bring it to the property line.
Then they can -- you know, I'm really -- you know, the community
right now has a beautiful part of the road. The road turns into there, it
looks nice. That's going to be gone. It's going to be housing just
because you needed that road interconnect.
So, I mean, their original designs in the packet showed preserve
up to Livingston. And that's -- for the benefit of the community, I like
that even better than what you're making them do just to get to the
light.
MR. CASALANGUIDA: Well, getting the light's a pretty
valuable -- I mean, the Verona Point PUD, when it was contemplated,
contemplated that interconnection.
COMMISSIONER SCHIFFER: I'm not saying don't get there.
But I'm saying, you know, because you put that road through the
preserve and we get testimony that you can't have a preserve on both
sides of a road, I don't quite understand that. But I'll bow.
MR. CASALANGUIDA: I don't have a problem if the applicant
can design it adjusting that road as far west as possible to put the
housing on the back side of the road, if they can design it that way.
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COMMISSIONER SCHIFFER: Well, I want to put the preserve
back on the back side of the road. I think that -- their original design
had preserve there. Now what they're going to be doing is they're
going to be connect -- actually wiping out really good developable
areas for them just to get more preserve up by that notch in the middle,
so --
MR. CASALANGUIDA: I don't know if it would have to go
back to the EAC, but I can tell you that the environment staff worked
with us on this to get to the design we have now.
COMMISSIONER SCHIFFER: I mean, I watched it. I mean,
they were more concerned about the height of the buildings than --
CHAIRMAN STRAIN: You know, we're talking about a corridor
that's in the urban area, and it's already got a project to the south and
to the north. I understand your concern, Brad, but we could go on like
this all day. Maybe we ought to take a consensus as to how many
planning commission members want to bother seeing this changed and
reworked at this point and we can get past this.
COMMISSIONER SCHIFFER: And it all boils down to do we
put the letter "R" in that white space over there or not. So I'm in favor
of not putting the "R" in that white space.
And then Laura's going to push that road as far as she can to get
the preserves she needs.
CHAIRMAN STRAIN: Well, but if you can't put the "R" in
there, then they lose --
COMMISSIONER CARON: No, because they have "R" right
here now.
CHAIRMAN STRAIN: Mr. Murray?
MR. CASALANGUIDA: I think if we did this, in talking to the
applicant, if we asked them to where feasibly put that road as far close
to Livingston as possible so that you're putting development on the
other side of it, is that what you're asking?
COMMISSIONER SCHIFFER: No, I want preserve. The
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original design for this in the packet shows that all preserve up to
Livingston Road. You came along and said whoa, whoa, whoa, you've
got to connect down to the other road. And at that time that's when
they lost the preserve. That gray area turned white on this plan.
So what I'm trying to fight for is to get the gray back into that
area as best we can.
I mean, I personally would be happy with their road going
through the preserve, but we've determined that you can't do that, that
wouldn't count. So I think that if we not allow the use of residential in
that white area, then Laura will move that road over as far as she can,
get the preserves as close to Livingston as she can so she doesn't eat
up the good residential sites in the center of the site.
CHAIRMAN STRAIN: Mr. Murray had a question.
COMMISSIONER MURRAY: I do. My thought is a little bit
different. I'll wait till you're finished.
CHAIRMAN STRAIN: Who are you addressing your question
to?
COMMISSIONER MURRAY: To the people at the podium. And
I'd like to get that --
MR. CASALANGUIDA: They're okay with what you just said.
COMMISSIONER MURRAY: Well, let me pose an additional
item, if I may, please.
Where the heavy arrow is, okay, that's where I'm starting my
point. I would like to see a road as close to that and going along the
property line. If a road is needed to go out, fine. I'm not as much
interested in having it preserve. I think Brad's idea is very nice and
good, but if that's not plausible, and I don't think we want to change
everything right now, what occurs to me is that at the black arrow,
that's a temporary entrance, and at some point you're going to close
that up. So it would be even more logical to have that road to the
westernmost portion of the property line. And if a preserve is to be
preserved, that would make logical sense.
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February 7, 2008
And I don't recall then the recalculation would be up to the
northerly section of the preserve, but I'm not even necessarily wanting
to go there.
But if it makes sense to do that at the minimum, put the housing
then -- if we're not going to make it preserve again, put the housing on
the other side of the road, the eastern side of the road. I offer that for
whatever --
CHAIRMAN STRAIN: Okay, well, let me -- go ahead, Nick.
MR. CASALANGUIDA: They've agreed to that. They've agreed
to --
CHAIRMAN STRAIN: But let's -- we've just had two different
things said, though. They've agreed to whatever's been said, but there's
been two different things sajd. Brad says move the road as far west --
the connection road as far west as possible, and whatever land you end
up with, put your additional 25 percent preserve there.
COMMISSIONER SCHIFFER: Correct.
CHAIRMAN STRAIN: Mr. Murray says the same thing about
the road, but whatever land you end up with, he doesn't care if it's
residential or preserve.
COMMISSIONER MURRAY: Right.
CHAIRMAN STRAIN: So let's go from the planning
commission perspective. I think obviously Brad's idea of preserve is
probably the best. Is that a--
COMMISSIONER VIGLIOTTI: Yes.
COMMISSIONER MURRAY: Sure.
CHAIRMAN STRAIN: Okay, moving the road to the west, the
applicant agrees to -- you agree to these issues?
MS. DeJOHN: Yes.
CHAIRMAN STRAIN: Okay. Then we're there.
COMMISSIONER MURRAY: Good.
CHAIRMAN STRAIN: So another stipulation would be to move
the access road as far west as possible and the lands between the
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preserve and Livingston would go preserve to the extent possible
except for that road.
COMMISSIONER MURRAY: That's fine.
CHAIRMAN STRAIN: Okay, Ms. Caron?
COMMISSIONER CARON: Did you talk about minimum
distance between structures?
CHAIRMAN STRAIN: Yes.
COMMISSIONER CARON: You had changed that?
CHAIRMAN STRAIN: Yes.
COMMISSIONER CARON: Okay, I didn't get that in my list
here.
CHAIRMAN STRAIN: Yeah, I said change minimum principal
setbacks.
COMMISSIONER CARON: Okay, good, perfect.
CHAIRMAN STRAIN: Okay, are there any other stipulations
that were missed? Because if there aren't, I need staff to repeat them to
me.
Mr. White?
MR. WHITE: Under your number 13 for the hold harmless.
CHAIRMAN STRAIN: Yes.
MR. WHITE: We had agreed with Mr. Klatzkow on a condition
that if put into the PUD we believe would then allow you to
implement bringing -- us bringing forward a hold harmless, if that's
okay.
CHAIRMAN STRAIN: I just said -- well, didn't I say that?
COMMISSIONER MURRAY: No.
COMMISSIONER ADELSTEIN: No.
MR. WHITE: We just had some specific text we agreed to on as
a condition that we would use as the means by which to bring forward
the hold harmless agreement.
COMMISSIONER MURRAY: Is that in our packet?
CHAIRMAN STRAIN: Mr. Klatzkow, could you help me?
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MR. WHITE: I mean, if you don't want it, that's fine.
MR. KLATZKOW: We have a hold harmless clause we've
agreed to for a stipulation.
CHAIRMAN STRAIN: Right. And what I said is that we would
-- that the applicant would provide a hold harmless for any legal
challenge.
MR. KLATZKOW: Right. Put it on the viewer, Patrick.
MR. WHITE: The actual text?
MR. KLATZKOW: Yeah.
MR. WHITE: That will take me a moment here to locate it. I'm
not sure I have it.
CHAIRMAN STRAIN: By the way, for staff, there's no doubt
this will be on the consent agenda.
MS. ZONE: We've already pushed their BCC hearing date back
two weeks to ensure that this being on the consent --
COMMISSIONER MURRAY: Good idea.
MS. ZONE: It was already anticipated.
COMMISSIONER CARON: That's your staff report with the
stipulations. Is that what he wants?
COMMISSIONER SCHIFFER: That's what he's trying to find.
CHAIRMAN STRAIN: You guys, we have to be careful now,
we're on the record. So she's trying to write everything we're saying.
Mr. White, did you find what you were looking for?
MR. WHITE: Mr. Chairman, I have.
The condition that I suggest and that I believe the county
attorney's office has agreed to is that the property owner will agree to
defend, indemnify, and hold harmless the county in the event of the
county being named in any suit brought by adjacent or nearby
landowners of undeveloped property to establish lawful access,
including defending the county's interest at hearing or trial; except that
the property owner will not be responsible for any expenses for
outside counsel that the county may otherwise seek to retain in such
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matter.
CHAIRMAN STRAIN: Is that acceptable, Mr. Klatzkow?
MR. KLATZKOW: Yes, it is.
CHAIRMAN STRAIN: Okay. Then unless there's not any
objection from the board, then that's the language that would be
stipulated.
Okay, I think we're finished with stipulations. And now I know
Melissa, we need you to read them back.
MS. ZONE: No, that's not what.
CHAIRMAN STRAIN: What do you have, another one?
MS. ZONE: During discussion, Commissioner Schiffer had
requested that the minimum front yard with the 20 feet to have no
greater than, and the symbol which Johnson Engineering had had in
the table, staff had asked to have it removed because the symbol itself
could mean -- be construed one way or the other. So that ended up not
being part of the stipulations.
But I know that Commissioner Schiffer had wanted the greater
than symbol in the 20 feet.
CHAIRMAN STRAIN: How was that -- you guys don't like the
use of the greater than 20 feet?
MS. ZONE: You know, even I caught it and looked at it
differently. And maybe have an asterisk that just says what it means is
a little bit easier than putting the greater than or less than symbols. If
that is a problem, we'll keep it as a greater than, less than.
COMMISSIONER SCHIFFER: You're having trouble with the
Boolean logic symbol, I mean, which way it goes?
MS. ZONE: You know, even I've been confused on it. But, you
know, is it not safer to just have it as a footnote and there is no
question?
COMMISSIONER MURRAY: Why don't we just use the
English language.
MS. ZONE: Or that.
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February 7, 2008
CHAIRMAN STRAIN: Well, so we're looking at the distance
between principal -- are we on principal structures?
MS. ZONE: Correct.
CHAIRMAN STRAIN: So it would be not greater than.
MS. ZONE: Well, instead of the symbol greater than--
CHAIRMAN STRAIN: No less than, I'm sorry.
MS. ZONE: -- not less than 20 feet. Or just have --
COMMISSIONER SCHIFFER: No, no.
MS. ZONE: -- an asterisk at the 20 feet and then to state what
Commissioner Schiffer had said.
COMMISSIONER SCHIFFER: But don't say not less than.
That's different. Greater than.
MS. ZONE: Greater than.
COMMISSIONER SCHIFFER: Or go to Wikipedia, type in
Boolean logic and it will all become clear.
MS. ZONE: Again, but to be consistent with how staffreviews,
the asterisk would -- in the footnote, if the commission does not wish
to have that --
CHAIRMAN STRAIN: This is--
COMMISSIONER SCHIFFER: You'll figure that out.
CHAIRMAN STRAIN: -- in yada land here. Let's -- you guys
just come back, because this is -- come on now, that symbol is used--
my son is 13, he's doing mathematics and he uses that symbol.
Everybody knows that symbol.
MS. ZONE: Okay, that's fine.
CHAIRMAN STRAIN: Come back with something for us and
we'll tell you then if we disagree with it.
As far as the stipulations go, before you read them all back, let's
make sure there's a motion that they be -- that approval is
recommended subject to those.
COMMISSIONER MURRAY: I make that motion.
CHAIRMAN STRAIN: Okay, Mr. Murray made the motion to
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recommend approval, subject to the stipulations that were read.
Is there a second?
COMMISSIONER WOLFLEY: Second.
CHAIRMAN STRAIN: Seconded by Mr. Wolfley.
Any discussion among the planning commission before we have
Melissa read the stipulations back?
(No response.)
CHAIRMAN STRAIN: Okay, Melissa, could you read them
back to us.'
MS. ZONE: Very good.
I have the stipulations as: Number one, that the document which
would be labeled Exhibit Z, which was given to the court reporter, that
shows the three potential access points. That will be for the first
motion.
Number two --
CHAIRMAN STRAIN: No, before you go further--
MS. ZONE: Certainly.
CHAIRMAN STRAIN: -- the cost will be determined by the
developer and the landowner -- landowners who use that connection
provided -- or as provided for in general law .
MS. ZONE: Got it.
CHAIRMAN STRAIN: Now we can go on to number two.
MS. ZONE: Thank you.
Number two would be that the -- for the multi-family, that the
maximum height will not exceed three stories.
Number three would be that the 15-foot, Type B buffer will go along
the eastern and northern boundary of the property.
Number four will be that the actual building height forthe
multi-family will be 55 feet and -- for the principal structures.
And we have number five: The setbacks for the principal
structures, it will reflect the side yard setbacks, which were the 12, the
-- under two-family was zero and 12, 12 for duplex and--
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February 7, 2008
CHAIRMAN STRAIN: As we discussed--
MS. ZONE: As discussed.
CHAIRMAN STRAIN: -- you're going to put that into a table
correction that we'll review.
MS. ZONE: Correct. So the table will be revised.
Number six: That Exhibit B will have -- of the PUD document,
the tables, that footnotes four and five will be removed.
Number seven is that the remaining 25 percent, the 2.95 acres,
will be contiguous and will be shown at SDP or plans and plat
submittal.
And we will have -- number eight is that the Item F in the
developer's commitment will reference the interlocal agreement with
the school board.
Number nine is staffs recommendations.
Number 10 is deviations one, three and six will be removed from
the PUD document.
Number 11 will have on the master plan the potential turn lane
that shows over on Livingston.
Number 12 will be that the actual height for all the other
principal structures will be 40 feet.
Number 13 will be the hold harmless agreement and the language
that Patrick read into -- and the board approved, as well as county
attorneys.
Fourteen will be the affordable housing agreement. And we will
use the $1,000 per unit, which is the standard language that we've
been using for all affordable housing trust funds.
Then we have number 15, which is to revise the master plan for
the residential portion to be shown, and that the guardhouse and those
accessory uses to be culled out onto the master plan.
Number 16 will show that the access to Verona Point will be to
the far west, and that the master plan is conceptual. And--
CHAIRMAN STRAIN: Before you go further on that one,
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besides showing that access point to the far west, the stipulation would
also include that the remaining lands other than that road and access
area that is contiguous to the preserve, the preserve would continue
that direction instead of moving into the center of the site, as the
applicant had suggested, to the extent needed for the 25 percent.
MS. ZONE: Correct. Preserves will-- very good.
COMMISSIONER MURRAY: That's fine.
MS. ZONE: Very good.
CHAIRMAN STRAIN: Is that comfortable with everybody?
COMMISSIONER VIGLIOTTI: Yes.
COMMISSIONER MURRAY: I'm good.
COMMISSIONER SCHIFFER: It's good.
CHAIRMAN STRAIN: Okay, there's been a motion made and
seconded for the stipulations as read.
Mr. Midney?
COMMISSIONER MIDNEY: Yeah, just one comment before
the vote.
CHAIRMAN STRAIN: Sure.
COMMISSIONER MIDNEY: I'm going to be voting against the
motion because I feel that the GMP discourages intense development
of wetlands, even if they aren't in the best condition.
CHAIRMAN STRAIN: Okay, any other comments?
(No response.)
CHAIRMAN STRAIN: Hearing none, we'll call for the vote.
All those in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
MR. WOLFLEY: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
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CHAIRMAN STRAIN: Anybody opposed?
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Motion carries 8-1.
COMMISSIONER VIGLIOTTI: Two. I was opposed.
CHAIRMAN STRAIN: Oh, you opposed, too. Okay, 8-2.
MS. ZONE: 7-2.
CHAIRMAN STRAIN: I'm sorry, 7-2.
COMMISSIONER WOLFLEY: Greater than.
CHAIRMAN STRAIN: I'm going to eliminate your vote one
way or another here, Bob.
Okay, with that, we end that case. Thank you very much for your
cooperation today.
Mr. White, Mr. Blume, thank you, appreciate your participation.
I know it's been enlightening and fun.
Mr. White, the court reporter needs Exhibit Z.
MR. WHITE: I will provide that. Thank you, Commissioners.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER MURRAY: Who has Exhibit Z?
CHAIRMAN STRAIN: Okay, everyone, let's get things together
here. Exhibit Z needs to go to the court reporter, whoever has that.
Item #9B
PETITION: CU-2007-AR-11394, THE CORPORATION OF THE
PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF
LATTER DAY SAINTS
So the next item on today's agenda is Petition
CU-2007-AR-11394, the Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter Day Saints. It's for a conditional use.
State Road 29.
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February 7, 2dt>8
All those wishing to testify on behalf of this project, please rise
and be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Is there any disclosures on the part of
planning commission?
COMMISSIONER MURRAY: Not a--
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: -- disclosure, but I would call to
your attention that in my packet at least there was no member CU
document, conditional use document.
CHAIRMAN STRAIN: Yeah, I--
COMMISSIONER ADELSTEIN: Mine, too.
COMMISSIONER MURRAY: Just in case somebody was
looking for it.
CHAIRMAN STRAIN: Okay. Disclosures on my part. During
the break Mr. Royal spoke to me. We really didn't talk about the
project, we just said hello and that was it.
Okay, applicant's presentation.
MR. V ASILEVSKI: Good afternoon, Mr. Chairman, members of
the commission.
CHAIRMAN STRAIN: You need to get the mic a little closer to
you. That bends so you just move it up. I know you're taller than most,
so -- thank you.
MR. V ASILEVSKI: Good afternoon, Mr. Chairman, members of
the commission.
F or the record, Matthew Vasilevski of Wedding and Stephenson,
Architects, agent for Church of Jesus Christ of Latter Day Saints and
its representative Mr. James Bible.
This petition is for a conditional use on a 16.75-acre parcel on
State Road 29 in Immokalee. The parcel actually had a small -- it's
zoned C-l in RSF - 3. And it previously had a conditional use for a
house of worship, which has since expired on the RSF-3 portion of the
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February 7, 2008
land.
There was a typo in the Land Development Code where we had
thought the house of worship was permitted in a C-l zone land, so
now we are trying to get a conditional use for the entire property.
The church itself is going to be about 11,000 square feet with 107
parking spots. And --
COMMISSIONER MURRAY: I thought it was 108. I could have
sworn it was 108. 106.
CHAIRMAN STRAIN: We actually have that document in our
package, so if it makes it easier, we can talk over what we have. There
we go.
MR. V ASILEVSKI: Like I said, the development's going to be
confined to mostly the C-l portion of the property. The only thing
outside of that that's going to be constructed is the retention area.
That's why we were asking for the conditional use on the entire parcel.
The wetlands have been identified and we have a 1.03 area of
permanent preserve in this corner here, as identified by the
environmental staff as the optimum location for the preserve.
That's pretty much it. If you guys have any specific things that I
would like to -- that you would like to address, we could do that.
CHAIRMAN STRAIN: Okay, are there questions on the part of
the planning commission?
Mr. Murray?
COMMISSIONER MURRAY: Just for my edification, the
retention area or detention area, that's dry detention?
MR. V ASILEVSKI: Yes, sir.
COMMISSIONER MURRAY: And so that's sloped? That's what
that's indicating, sloped?
MR. V ASILEVSKI: Yes.
COMMISSIONER MURRAY: Sloped in the center. So in other
words we have a slope sloping down and then we have another slope
toward the what, a culvert or what?
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February 7, 2008
MR. V ASILEVSKI: Yes, sir.
COMMISSIONER MURRAY: Okay, is that what that is? I just
want to be clear in my mind. Okay, that was -- that was also the actual
height of the structure. I see 35 feet. It says maximum building height.
That again is what -- pardon me. Is that zoned height? Because later
on it does talk about actual height.
MR. V ASILEVSKI: The zoned height is 35 feet. The actual
height of the building is going to be -- the midpoint of the sloped roof
is going to be just over 18 feet. But the actual building height with the
steeple is going to be --
COMMISSIONER MURRAY: 67.
MR. V ASILEVSKI: -- 67. And that steeple qualifies for the
exemption.
COMMISSIONER MURRAY: I just wanted to be clear on that.
Thank you.
CHAIRMAN STRAIN: Any other questions?
Mr. Kolflat?
COMMISSIONER KOLFLAT: In this area, what is the
permitted sign size?
MR. V ASILEVSKI: I'm not sure the exact permitted sign size.
Basically the only signage on the building is going to be a stone sign
about three feet by five feet, which is inset into the masonry of the
building.
COMMISSIONER KOLFLAT: But you don't know what the
permitted size is?
MR. V ASILEVSKI: I don't know, no.
COMMISSIONER KOLFLAT: What I don't understand is why
wouldn't you take the permitted size, if you're allowed a larger size,
rather than take a small sign like you've taken.
MR. V ASILEVSKI: It's a standard church design on their site.
They don't have any larger signs that they'd like to put on their
building.
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COMMISSIONER KOLFLAT: Well, that doesn't mean you have
to use it. I thought you might want that as a backup. If sometime in the
future you would want a larger sign, it's already permitted.
MR. V ASILEVSKI: Sure. If you want me to permit a larger sign,
then --
COMMISSIONER KOLFLAT: It's up to you. I just had a
question as to why.
CHAIRMAN STRAIN: Mr. Kolflat, wouldn't it be easier then, or
staff, Ray, on this sign issue, rather than him asking for a sign that's
less than code, if we just eliminated the request for a sign and he just
abided by code, wouldn't that cover it?
MR. SCHMITT: Correct.
MR. BELLOWS: Correct.
COMMISSIONER KOLFLAT: That seems cleaner to me.
CHAIRMAN STRAIN: Okay, I have no problem with that. Does
anybody else?
(No response.)
CHAIRMAN STRAIN: Does the applicant?
MR. V ASILEVSKI: No, thank you.
CHAIRMAN STRAIN: Okay. So the restriction on the sign, the
request for the sign will be eliminated. Number five.
Anything else from the planning commission?
Mr. Wolfley?
COMMISSIONER WOLFLEY: I just had one quick question
regarding adjacent parcel holder, the property owners. You said that
there was a -- this was a church designation prior to or a place of
worship prior to and expired.
MR. V ASILEVSKI: Yes, sir.
COMMISSIONER WOLFLEY: Have you had any discussions
with property owners within a distance of your piece of property
regarding any future uses for their property? Are they giving up
anything? In other words, are they not being able to do certain
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establishments or anything that they may have planned for and this
will be stopping them from --
MR. V ASILEVSKI: Yes, sir, it has been brought to my attention
that not an adjacent landowner but a landowner within 500 feet of the
property line --
COMMISSIONER WOLFLEY: Five hundred, yes.
MR. V ASILEVSKI: -- would no longer be automatically
permitted to have an alcohol serving establishment.
COMMISSIONER WOLFLEY: Has that been resolved or are
they smiling, or --
MR. V ASILEVSKI: I'm not sure at this point. I know that the
church is willing to sign some sort of document or agreement saying
that they would have no objection to it.
COMMISSIONER WOLFLEY: Well, Collier County does.
MR. V ASILEVSKI: Another thing that may be taken -- I know
that the statute says that if it's a shopping center, in which I understand
that it would be, the 500 feet only applies to the exterior wall of the
building, not to the property line to the property line. And unless that
shopping center's built right on the property line, it wouldn't be a
problem.
COMMISSIONER WOLFLEY: Thank you.
CHAIRMAN STRAIN: Any other questions of the applicant
before we go to staff?
(No response.)
CHAIRMAN STRAIN: Okay, thank you. You're spared for a
few moments.
Okay, we'll have the staff presentation.
MR. MOSS: Thank you, Commissioners. John-David Moss,
Department of Zoning and Land Development Review.
I don't have anything to add to Mr. Vasilevski's presentation.
He did say that the church was going to be about 11,000 square feet. I
just wanted to make sure that you all were aware, they're also seeking
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permission for a 2,800 square foot addition.
This project is consistent with the GMP and compatible with
LDC requirements.
I wanted to also bring your attention to condition number four.
County attorney's office wanted to change that condition after the staff
report was published to strike offer to services in the first sentence
there, just limit it to saying, the facilities shall have services between
8:00 a.m. and 6:00 p.m. They didn't want to specify a certain number.
Also, as mentioned earlier, we're going to eliminate stipulation
number five.
And staff is recommending approval of this conditional use,
subject to the remaining stipulations.
CHAIRMAN STRAIN: Any questions?
Mr. Midney?
COMMISSIONER MIDNEY: Yeah, why don't you want to
allow them to have services after 6:00 in the evening?
MR. MOSS: Well, for the neighbors. We just didn't want it to
become a problem to the residential neighbors in the area. So that was
the primary reason.
COMMISSIONER MIDNEY: And what about the five clerical
and five non-clerical staff, why do you care how many people are
working there?
MR. MOSS: Because we didn't want it to be operating like a
business. They were seeking a conditional use for a church. But the
Mormon Church does offer genealogy services, and so they said that
they would have a library there with people coming in to trace their
genealogy, and so we just wanted to make sure it didn't become a
problem.
COMMISSIONER MIDNEY: To me that seems too restrictive.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: This is a question that maybe can
be answered either by the attorney or perhaps Mr. Schmitt or you, Mr.e
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Moss. Good afternoon.
In the old conditional use there is a set of stipulations, number
six, and I thought it was really interesting that we no longer do this,
and maybe there's good reason that I'm aware of. But I'll read it, if I
may.
Number six: Prior to approval of the site development plan, the
petitioner shall submit the following: Stormwater calculations signed
and sealed by a Florida professional engineer; legal proof that the
adjacent property owner to the west will allow stormwater discharge
. from the proposed project onto his or her property; evidence that the
maximum allowable discharge rates shall be per Ordinance 90-10, as
amended; and a copy of the South Florida Water Management District
permit.
Now, I presume these things as components do fall into the
package. But I wondered why we -- you know, we've been looking to
tighten the documents up and make them a little bit more effective and
making things clearer for folks. And I just wondered if that wasn't a
good thing to have in there and why we stopped doing that.
CHAIRMAN STRAIN: Is the conditional use area of the first
application the same as the condition --
MR. MOSS: No, it's different.
CHAIRMAN STRAIN: So the property to the west that Mr.
Murray's eluding to that had the concerns is now owned by the church.
MR. MOSS: Exactly. It's now part of this petition. And all the
other requirements there are just all LDC requirements. They're going
to be handled at the development order.
COMMISSIONER MURRAY: Well, I understand that that's the
case, and you made that point and I appreciate that point and I knew
that. But I was talking about more so the phrasing of this, the more
clear phrasing of it.
But if it's not impacting on anybody else as it hit me, that's fine.
CHAIRMAN STRAIN: Mr. Midney, you had brought up an
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issue that you felt was -- I forgot your terminology, but did you have a
suggestion to fix the concern that you had?
COMMISSIONER MIDNEY: Well, if it was up to me, I would
just strike stipulation four.
COMMISSIONER SCHIFFER: Yeah, me too.
CHAIRMAN STRAIN: Is stipulation four in there as a result of
some kind of request by the public, or how did that originate?
MR. MOSS: No, no, it wasn't any request by the public. So it's
something that could be stricken. We just wanted to make sure we had
all our bases covered.
COMMISSIONER MIDNEY: That would make me happy --
MR. MOSS: But if that's something that the board would like to
strike. It wasn't a resident that asked that it be included.
CHAIRMAN STRAIN: You guys -- I mean, staff just included
.t?
1 .
MR. MOSS: I did, yes.
CHAIRMAN STRAIN: Did you have a basis for the code?
MR. MOSS: Well, like I said, I just -- a lot of times there are
problems associated with churches and neighborhoods because of the
tendency to have and services on days other than Sundays, and it just
becomes a problem. So rather than encounter that in the future I just
thought I would nip it in the bud and include that there. They were
amenable to it and so it just seemed like it became a non-issue.
CHAIRMAN STRAIN: I think the issue that he's probably
referring to is some inadvertent generated activities and noise that
have been occurring a lot in the urban area for unexpected uses that
operated outside their building and --like Stevie Tomatoes.
COMMISSIONER MIDNEY: Yeah, but in Immokalee we like
church services. We probably will come in and start dancing and
singing along with it. We're not going to be mad about it.
CHAIRMAN STRAIN: I know, I --
COMMISSIONER MIDNEY: The other thing that I don't like is
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you can only have 170 persons in the service? What if more people
show up? I mean, why are we putting that in there?
CHAIRMAN STRAIN: Probably parking, wouldn't it be, and
facilities?
MR. MOSS: Right, the parking was based on that.
And also, the church itself said that that was the maximum
number of members that they would have, and if it became larger than
that they would seek another site.
CHAIRMAN STRAIN: So is the consensus from this panel that
number four is not needed as well?
COMMISSIONER MURRAY: Yeah, I--
COMMISSIONER VIGLIOTTI: Four is out.
COMMISSIONER MURRAY: If they don't want it, why should
we want it?
CHAIRMAN STRAIN: Okay. So basically four and five would
not be needed.
COMMISSIONER SCHIFFER: Right.
COMMISSIONER VIGLIOTTI: Right.
COMMISSIONER MURRAY: The only thing, I would like to
ask --
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: -- Mr. Midney a question.
Do the people of Immokalee concern themselves with it
becoming a meeting hall, should that be a problem?
COMMISSIONER MIDNEY: I don't see why it would.
COMMISSIONER MURRAY: Okay. Then that's fine. Good for
me.
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: Is there any -- do we they
intentions of putting a school there at any time, or is there going to be?
MR. MOSS: No, it's not included in this application.
COMMISSIONER WOLFLEY: Okay. I was wondering if I
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missed something, because --
MR. MOSS: No.
CHAIRMAN STRAIN: Okay, any others of the staff?
(No response.)
CHAIRMAN STRAIN: I have one.
Six. Now, this is an existing conditional use, it's always been
approved in the past, and it's expired. Now it comes back in and we're
asking them to spend the money on soil sampling for something that
they could have built a few years ago. And I would just like to know,
is that a requirement or could that be struck as well?
MR. MOSS: It was a request that was made by the environmental
services department, so maybe if someone is here from that
department that could --
CHAIRMAN STRAIN: No, I doubt ifknow as much about soil
testing as needed for that answer anyway.
MR. MOSS: I included that under the direction.
CHAIRMAN STRAIN: I think that's a needless expense for this
location. I would just as soon it be struck as well. Does anybody have
a problem with that?
COMMISSIONER VIGLIOTTI: No.
CHAIRMAN STRAIN: And in the future, if the staff decides to
add this situation, could they provide this panel with the type of
testing they want, which elements they're testing for, the thresholds
that they're looking for and the state guidance that requires them to
look at each threshold. And if they can't provide that, they need not
put such stipulations in documents anymore.
MR. SCHMITT: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. SCHMITT: For new business, can I suggest that planning
commission provide direction to staff to look at that section of the
code and come back with a recommendation to amend that portion of
the code in the next LDC cycle. If I get direction from the planning
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February 7, 2008
commission, if that's your direction, we'll do so.
CHAIRMAN STRAIN: I just think that you need to tighten it up,
and I think that would be a great one to look at, Joe, so that you're not
asking someone to test for 40,000 compounds out there that are going
to cost them a fortune. Be very specific and everything would be
much better.
MR. SCHMITT: No argument from me.
CHAIRMAN STRAIN: Does the planning commission like that
idea, to recommend to staff to suggest after LDC review?
COMMISSIONER MURRAY: Yes.
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Okay, I think you have a consensus on
that, Joe.
MR. SCHMITT: Thank you.
CHAIRMAN STRAIN: Okay. Any other questions of staff at this
time?
(No response.)
CHAIRMAN STRAIN: Ray, do we have public speakers?
MR. BELLOWS: Yeah, we have one speaker. Scott Royal.
MR. ROYAL: For the record, my name is Scott Royal. My
family has the 27 acres, and it's located right there.
COMMISSIONER WOLFLEY: Turn it around.
MR. ROYAL: Immokalee and 29.
We've been in Immokalee since 1952, with continuous
businesses in the Immokalee area there.
Immokalee has so little commercial zoned property that is
available. Our commercial corridor is very small for the geographic
area that we have down there.
We bought and developed and paid taxes on these parcels to be
able to do what is allowed in the C-3 and C-4 zoning district. By
approving this conditional use, it devalues our parcel, takes away one
of our highest and best uses we have, and puts a use that is not
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compatible with our commercial corridor, which we have so little of.
This is also our main gateway into the community from State
Road 29 from the north.
Most importantly, according to you all's Section 100800D-3, the
Collier County conditional use requirements, conditional use must be
compatible to the surrounding properties. And there is no economic
compatibility here by approving a church in our main commercial
corridor.
Why take some of Collier County's most valuable potential tax
base off the tax roll and let a non-taxable entity be placed there? We
need productive commercial properties in Immokalee that create jobs
and tax base for our community.
A lot has changed since they had their conditional use in '02.
There's been a lot of commercial building done down there in the last
five, six years along that corridor. Their use has expired.
I guess I'm kind of old-fashioned. I have a problem when I have a
vested zoning right today and the right which I have been taxed on,
C-3, could be removed by this conditional use.
Look, churches can go into most zoning areas in Collier County,
but commercial can't. I appeal to you to make the fair and best
decision for our community. Thanks.
COMMISSIONER WOLFLEY: Could you point out again --
CHAIRMAN STRAIN: Thank you.
COMMISSIONER WOLFLEY: -- now that it's right side up,
where your property is?
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: Sorry.
CHAIRMAN STRAIN: Go ahead.
MR. ROYAL: We have this piece and these two pieces. It's a
total of27 acres.
CHAIRMAN STRAIN: How much of that is within 500 feet of
the church?
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February 7,2008
MR. ROYAL: This parcel here is within 350 feet of where
they're located.
CHAIRMAN STRAIN: Okay. So your southern two parcels
would not be within 500 feet of the church?
MR. ROYAL: That's correct.
CHAIRMAN STRAIN: So you've only got one parcel that would
be affected by the alcohol restriction.
MR. ROYAL: That's correct.
CHAIRMAN STRAIN: The main intersection, though, could still
benefit from a grocery store or the like that could sell alcohol; is that --
MR. ROYAL: Yes.
CHAIRMAN STRAIN: Okay, I need to explore that a little
further with staff and the county attorney.
Anybody have any questions of this gentleman?
Mr. Schiffer?
COMMISSIONER SCHIFFER: What is this culled out for in the
new master plan work they're doing out there?
MR. ROYAL: It's in an over -- I'm not that familiar. It's in an
overlay district, but I'm not sure which one. It keeps changing.
CHAIRMAN STRAIN: I can attest to that. It's been eight
renditions so far, I think.
MR. ROYAL: It is the main intersection in Immokalee, and yeah,
we have commercial on both sides. I know we were concerned back
years ago because there was an Episcopal church across and
catty-corner down the street. It's been there since there was cows
around it. It's been there all my life.
But, you know, I'm not against churches, I'm just against it being
in certain areas. And this is our biggest commercial corridor there.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: If I'm mistaken (sic), I believe that
the petitioner said that they would be willing to sign an agreement that
alcohol was not an issue for them. Now, obviously this goes against
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what our code is, though, so how is it --
MR. BELLOWS: For the record, Ray Bellows.
I'm looking at the LDC right now in Section 5.05.01.7 has some
exception. And it says, any restaurant deriving at least 51 percent of
its gross revenue from the sale of food and non-alcoholic beverages
shall be exempt from the distance requirements.
So a restaurant would not be affected by a church if they have 51
percent of food sales.
CHAIRMAN STRAIN: Do you have a plan for that property?
Do you know what you'd be putting on that one parcel that's going to
be affected by this?
MR. ROYAL: We're in the process -- we're under contract on a
piece which would not -- on there that would not affect it. But the
other piece, it's slated for a restaurant/ --
COMMISSIONER VIGLIOTTI: So you're right in.
CHAIRMAN STRAIN: Well, the other piece you're referring to,
the southern two pieces?
MR. ROYAL: It's one parcel, but we're in the process of
replatting it.
CHAIRMAN STRAIN: Oh. Now, from staffs perspective, if this
is replatted as one large 27-acre parcel, does the zoning restriction for
alcohol prevent the whole parcel, or is it just the building the alcohol's
sold out of?
MR. BELLOWS: If I understand the -- could you repeat the
question?
CHAIRMAN STRAIN: You have a 500 distance (sic) separation
between the church and the sale of alcohol. Is it to the property line of
the property, the building in which the alcohol is sold, or the building
that the alcohol is sold in or the unit of the building that the alcohol is
sold in?
MR. BELLOWS: I believe it's building to building, but I'm
double checking that.
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CHAIRMAN STRAIN: Because if it's --
COMMISSIONER SCHIFFER: From my experience --
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: -- Mark, I've done liquor
surveys, it is building from building.
MR. BELLOWS: Yeah.
COMMISSIONER SCHIFFER: Essentially as a drunk would
walk, I mean, is the way they --
MR. KLATZKOW: That would be 1,000 feet.
COMMISSIONER SCHIFFER: I mean, in some cases it's door to
door, but I think in our case it's building to building.
CHAIRMAN STRAIN: So if this was approved, it would go
from this church building 500 feet south. If he did a C- 3 use and the
C- 3 use was a restaurant, it wouldn't be affected by it, as long as it
wasn't a bar. But mostly restaurant, if you sold 51 percent food, which
most of your restaurants qualify for. And your two southern parcels
wouldn't be affected.
And then if they were to plat it as one parcel, the only portion of
the parcel that would be affected is that area within 500 feet of the
church. Is that a fair statement from -- anybody from staff know?
MR. BELLOWS: I'm looking.
MR. MOSS: I just wanted to add, it's my recollection that it's
from the property line of the church to the building, not building to
building. But I could be mistaken. Hopefully the county attorney's
office can verify that with the LDC.
The other thing too I wanted to say is there is a provision in the
LDC that says the shopping center could apply for a waiver, and as
long as there is some sort of buffer separating the two uses, it could be
requested -- or it could be granted, rather.
And there is a shopping center or some commercial use between
these two uses, so there would be a manmade buffer.
And then there's also a natural buffer separating the church itself
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from that property.
CHAIRMAN STRAIN: Okay, but how is it fair that a property
owner who's been there for all these years, has had a zoning for all
these years is now going to be not compensated and harmed by a
zoning request that's going in away from him by 300 feet.
MR. MOSS: I understand. I'm not saying it's fair, I just wanted to
bring that to your attention.
CHAIRMAN STRAIN: No, the reason -- where I'm getting at is
why should he have to be forced to go through a process that --
MR. MOSS: Right, I see your point.
CHAIRMAN STRAIN: -- his property had entitlements for all
along?
Mr. Klatzkow, can you shed any legal light on this, or is there
none?
MR. KLATZKOW: Well, you know, I had the same question. I
didn't think it was fair, but that's what the ordinance does say. It's lot
to lot, by the way, not building to building.
CHAIRMAN STRAIN: Oh. So that means this entire lot would
be restricted from the sale of--
MR. KLATZKOW: It's lot to lot.
MR. MOSS: What about for shopping centers, though, Jeff?
MR. KLATZKOW: Well, there's a procedure where by
resolution the BZA can waive it, depending upon a certain criteria. I
know the church has agreed that they would join in on such a
resolution request.
But it's a problem as --
CHAIRMAN STRAIN: Yes, it is.
MR. KLATZKOW: But I will note that this was a conditional use
before it expired, and that 500 feet would have been there then. This
isn't a new problem.
CHAIRMAN STRAIN: Well, or it may not be, but it may be one
that was just realized too for that matter. So are there any --
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MR. MOSS: Mr. Strain, may I--
CHAIRMAN STRAIN: Go ahead.
MR. MOSS: Yeah, it's in 5.05.01, number two, it does say, the
final sentence, except that establishments located in shopping centers
will then be measured from the outer wall of the establishment. So that
would be lot line to building, the outer wall of the building.
CHAIRMAN STRAIN: Okay, but does that mean the entire
building then is restricted, or just that outer wall?
MR. MOSS: Jeff?
MR. KLATZKOW: You know, at the end of the day it's going to
be the staffs determination. I mean, I read this as lot line to lot line.
Though I don't know why, building to building would make more
sense, but that's --
CHAIRMAN STRAIN: Look at, this is a substantial issue. We
may be better off if the church continued this until in they came back
and the staff came back with a conclusion on what this affects with an
arc starting from the outermost point of the property southward to
show whose properties are going to be affected by it, so we can see if
there's a resolution of Mr. Royal's concerns.
That -- because right now I'm not inclined myself to think this is
a good thing to do unilaterally against another property owner. It just
isn't -- I don't see how it's fair.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Jeff, is there a way we can
waive that requirement on a case-by-case?
MR. KLATZKOW: No, you can't. The BZA is the one that has
the power to waive the requirement, not you.
COMMISSIONER MURRAY: You know --
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER SCHIFFER: Well, I mean, can we
recommend that they waive it?
CHAIRMAN STRAIN: After Mr. Schiffer finishes.
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February 7, 2008
COMMISSIONER SCHIFFER: I mean, could we recommend
that they waive it then?
MR. KLATZKOW: We don't have an application for the waiver
in front of us.
COMMISSIONER SCHIFFER: Nor advertised.
MR. KLATZKOW: Exactly.
CHAIRMAN STRAIN: Mr. Murray next, then Mr. Adelstein.
Go ahead, Mr. Murray.
COMMISSIONER MURRAY: Another thought. May seem
cruel, but the gentleman who represents the church indicated that if we
had more than 170 people we'd find another site. So maybe we're
really working a hard line right off the bat. Because if you're
successful, you should probably find 170 people out there pretty
quickly. I don't mean to be prophetic about how well you'll do, but if
that's the case and you're willing to move to another site right away, it
takes away opportunities the other person has had to pay for all these
years.
MR. V ASILEVSKI: What actually happens with the church is
not that they find another site.
COMMISSIONER MURRAY: You said that, that's the only
reason.
MR. V ASILEVSKI: I didn't --
COMMISSIONER MURRAY: Yes, you did.
MR. MOSS: No, I did.
CHAIRMAN STRAIN: Let him finish a little bit, Bob.
MR. V ASILEVSKI: But anyways, first they expand and then
they split. What happens is the wards are a certain size and those can
only hold so many wards --
COMMISSIONER MURRAY: Okay, different story.
CHAIRMAN STRAIN: Mr. Adelstein, you had a question?
COMMISSIONER ADELSTEIN: Yes, I do.
Could it be possible that the church itself could say' no, we don't
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want to do that?
COMMISSIONER MURRAY: Do what?
COMMISSIONER ADELSTEIN: On this particular issue we do
not want to do that.
CHAIR1{ANSTRAJN:Dowhm?
COMMISSIONER ADELSTEIN: Because these people have --
CHAIRMAN STRAIN: Mr. Adelstein, do what, not build the
building?
COMMISSIONER ADELSTEIN: No, no, that they would allow
the -- they would allow the alcoholic product in that space because the
church is authorizing them they can do it.
CHAIRMAN STRAIN: Mr. Adelstein, this is an ordinance. They
can't waive an ordinance. We have--
COMMISSIONER ADELSTEIN: We're talking about--
CHAIRMAN STRAIN: Mr. Adelstein, you've got to use your
microphone.
COMMISSIONER ADELSTEIN: We're talking about the fact
that they cannot -- the church has nothing to say to that at all?
CHAIRMAN STRAIN: No, it's an ordinance of Collier County.
They can't waive a county ordinance. The applicant who is concerned
would have to file for a waiver to be heard before the Board of County
Commissioners. That's the only way it seems it can be done at this
point.
COMMISSIONER ADELSTEIN: Thank you.
CHAIRMAN STRAIN: Okay, any suggestions from the board?
COMMISSIONER MURRAY: I could go for a continuance that
makes sense, if they're open to that.
CHAIRMAN STRAIN: For the church's benefit, what you have
is a -- we don't have a lot of clarity on how far of an impact this
500-foot radius might take and then where it begins and stops. You
might be better served if you came back to us with a little more detail
after researching, and staff did, as to the impacts of this on the
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adjoining properties and maybe meeting with Mr. Royal to see if it has
any -- on his plan that he has, maybe there's a way that it could be
worked so it doesn't affect his plan after staff tells you what it does
impact.
Based on that then you may want to come back. And if you do
think that's viable, you should ask for a continuance now and that
could be granted. If you don't, you're more than likely going to go
forward and you may receive a negative recommendation to go next to
the next step at the Board of County Commissioners. That's up to you.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir, Mr. Schiffer.
COMMISSIONER SCHIFFER: Yeah, here's the -- but he's going
to come back and he's going to be in the same condition with the
southern boundary. So alls we're going to maybe discover is the
people up north have the same problem.
Is there a way we could go ahead with this as it is, yet if he does
want to put an establishment that this would violate -- that the church
obliges to go in with them on that application, essentially be party to
it, to allow him relief in that case. Similar to what we kind of did with
-- I don't think they -- maybe they shouldn't pay the fees, but in other
words, I think that if in a future commission they were looking at the
church and the applicant discussing the 500 feet, that would be a
powerful team to probably guarantee success.
CHAIRMAN STRAIN: But I think what you're asking is then we
should tell the applicant of an entitled piece of -- tell the person who
owns an entitled piece of property for a number of years that he's now
forced into a process because of a zoning allowance of a conditional
use on a property 500 feet away.
COMMISSIONER SCHIFFER: Or we're telling a property
owner who, because their thing expired, now finds himself in the
position to allow liquor that he couldn't have done prior to that
expiration.
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In other words, I think the two of them have got to become
neighbors on it. The church has got to promise that if he really wants
to do something where you're in the way, you'll help them out of that
problem. Then I think that's better than what we had before.
CHAIRMAN STRAIN: Anybody else have any comments?
COMMISSIONER WOLFLEY: Mr. Chairman?
CHAIRMAN STRAIN: Go ahead, Mr. Wolfley.
COMMISSIONER WOLFLEY: I just had one. Who owns the
property directly attached to your -- between is it Mr. Royal-- Royal's
property and yours?
MR. V ASILEVSKI: I'm not sure the same the property owner.
COMMISSIONER WOLFLEY: Is it zoned commercial also, or
residential?
MR. ROYAL: Yeah, I talked to them, they just couldn't be here.
It's Bill and April Oquin (phonetic). They're farmers down there. And
they've got it in a trust I think for their kids. But it's -- they didn't have
enough information on it to be here, and they were out of town. But
they didn't seem too enthused about it either.
The church has a large piece there. I don't know if there's some
compromise here. Could the church building be pushed back towards
the back of the piece, keep the commercial out front and have an
access road out there? You know, I see you all are able to do a lot of
compromise here, from sitting here this morning, so --
CHAIRMAN STRAIN: Well, I know that if they were to move
from that commercial piece, could they get -- is the conditional use for
a church? Yeah, I think a church is allowed in residential zoning
districts as well.
They could move to the north side of the RSF-3 and possibly be
further away from any properties. That's another option. But that's
something they'd have to come back and reapply for.
MR. V ASILEVSKI: Then you would be getting into the wetland
area that --
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CHAIRMAN STRAIN: Yeah, get closer to your mic.
MR. V ASILEVSKI: I said at that point you'd be moving into the
wetland area and causing a whole 'nother bunch of issues.
CHAIRMAN STRAIN: Well--
COMMISSIONER SCHIFFER: Well, Mark, let me --
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Could it be as simple as a
condition that the church would join any landholder in getting a
waiver of the 500-foot requirement? Could that be in there, Jeff?
MR. KLATZKOW: Well, that was my recommendation. But the
issue is you still need -- Mr. Royal will still need to have to go to the
BZA and ask for a relief.
COMMISSIONER SCHIFFER: At the time that he needs it. I
mean, he's discussing construction that wouldn't require it. In other
words, he hasn't come here and said -- he just wants to keep that door
open. But quite frankly, that door was closed up until their expiration
anyway.
MR. KLATZKOW: That's true. ,
COMMISSIONER SCHIFFER: So he wants to keep that door
open. I think if the church came with him with an application, they
would definitely carry a lot of weight and probably guarantee
approval.
MR. V ASILEVSKI: I think the church is agreeable to that, as is
the property owner's attorney.
CHAIRMAN STRAIN: Okay. Oh, boy. You might just --
MR. V ASILEVSKI: I got a nod from him, so --
COMMISSIONER SCHIFFER: He's everybody's attorney.
So I think adding a condition that can move forward.
But Mr. Royal also brings up a good argument, do you want a
church on that street. Mr. Royal's vision of the future is that that street
is businesses, not churches.
CHAIRMAN STRAIN:Well--
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COMMISSIONER SCHIFFER: But maybe they're compatible.
CHAIRMAN STRAIN: -- they've applied for a church. It's our
job to either grant it or not. We've beat it pretty much to death.
David?
MR. MOSS: Oh, I just wanted to make one suggestion, is if this
is possible, Jeff, you can weigh in on this, but that they apply for the
waiver now and that these two run concurrently before the board so
they can hear them at the same time.
CHAIRMAN STRAIN: Well, they'd have to continue then and
come back with a waiver in conjunction with this or put the waiver
through after that. I'm puzzled.
MR. MOSS: Just do them concurrently, yes. We'd probably have
to continue the board date in order to do this. Jeffs shaking his head
no so--
,
MR. KLATZKOW: This criteria that the board has defined, and
we don't even know where the business is going to be.
CHAIRMAN STRAIN: Yeah, it doesn't look like it can happen
simultaneously. Thanks for trying though, appreciate it.
Any other discussion, comments?
(No response.)
CHAIRMAN STRAIN: Ray, is there any other speakers?
MR. BELLOWS: No other speakers.
CHAIRMAN STRAIN: Okay, we'll close the public hearing and have
discussion first and then we can entertain a motion.
Ms. Caron?
COMMISSIONER CARON: Did you actually give the petitioner
the opportunity to continue this?
CHAIRMAN STRAIN: I offered it.
COMMISSIONER CARON: Did you ever get an answer on that,
yes or no?
CHAIRMAN STRAIN: They didn't say anything. I offered it -- I
mentioned it twice.
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MR. V ASILEVSKI: We would prefer not to continue this. We've
been dealing with this for over a year. And like I indicated earlier, in
the LDC a church is listed as a permitted use in the C-l district.
So it's been over a year that we've been dealing with this. And we
also had a conditional use, so we would definitely prefer not to
continue this at this point.
CHAIRMAN STRAIN: Okay. Any other discussion before we
ask for a motion? Anybody have anything they want to say?
(No response.)
CHAIRMAN STRAIN: Is there a motion on this matter?
Anybody have a motion?
COMMISSIONER SCHIFFER: I'll make a motion.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: I make a motion to approve with
the conditions and the added condition that the church be -- I guess
how would I word this, friendly --
MR. KLATZKOW: Co-applicant.
COMMISSIONER SCHIFFER: A co-applicant on any need by
Mr. Royal -- I don't see any reason to go north -- but by Mr. Royal in
the waiver of the 500- foot requirement from a church for an alcoholic
-- and the only thing we're talking about is bars, aren't we, Ray, from
what you read? In other words, anything that had an SRS license
wouldn't be required, it's only the four COP guys that are going to--
MR. BELLOWS: Correct.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Okay, is there a second to the motion?
COMMISSIONER ADELSTEIN: I'll second.
CHAIRMAN STRAIN: Motion seconded by Commissioner
Adelstein.
Is there a discussion?
(No response.)
CHAIRMAN STRAIN: I'm going to be voting no on the motion.
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I think to take an entitlement away from a property owner that he has
is not fair. I think something could be worked out, given more time,
but that's -- they want to go forward, so at this point I can't see the
basis for approval from my own perspective.
Any other comments?
Mr. Murray?
COMMISSIONER MURRAY: I'm going to vote the same way.
Can't support it because I do agree that the church did move, things
have changed, the gentleman's been paying taxes. I think enough said.
COMMISSIONER SCHIFFER: Well, Mark?
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Midney.
COMMISSIONER SCHIFFER: And to you two guys. I mean,
our legacy board, Ken Abernathy was still on it, I don't know exactly
what the date was, I was going to look it up, they felt that it was okay.
I mean, this man didn't have these rights up until the expiration, so --
CHAIRMAN STRAIN: I was on that board too at the time.
COMMISSIONER SCHIFFER: How did you vote?
CHAIRMAN STRAIN: I don't remember but I don't -- I honestly
don't recall. I don't remember this issue coming up, to be honest with
you.
COMMISSIONER MIDNEY: I think it was unanimous in favor.
CHAIRMAN STRAIN: It may have been.
COMMISSIONER SCHIFFER: Right. So the point is that when
that vote occurred, those rights disappeared. Now that they're here due
to expiration, I mean -- I mean, I want -- you know, obviously we did
that condition to protect him and able to do whatever he wanted to do.
So we're not taking his right away. In other words, we didn't diminish
his rights at all, Mark.
CHAIRMAN STRAIN: Okay. Mr. Midney?
COMMISSIONER MIDNEY: I'm going to vote with Brad,
because it seems like the only right that's being taken away is the right
to put a bar, which is not a very common use. And, you know, I don't
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see how it's going to be a really big imposition that he wants to have a
bar right there.
But, you know, I guess he should have the right to do whatever
he wants, but I'm going to be voting with the motion.
CHAIRMAN STRAIN: And Mr. Midney, if it was that simple, I
certainly wouldn't have any problem. I just don't know that it is,
because we haven't got a definition of where and when this setback
starts and ends, what's involved, if it's the building that's got to be
within 500 feet and all that.
And until I got clarification, which I had asked for and it isn't
readily available, I just don't feel comfortable going forward.
Mr. Schiffer? .
COMMISSIONER SCHIFFER: But Mark, if it ever is a problem,
the church is going to join him in the solution. So it's not a fatal
problem for him. If he has to bring the church -- it would be fun to
watch a church and a bar come in here and have that meeting.
CHAIRMAN STRAIN: There's a gentleman sitting in the
audience right now who's a land use attorney in the county. If you
were to ask him that public hearings aren't a problem, I think he would
probably disagree. Any time you go before a public hearing it
becomes a problem.
Any other discussion? Go ahead, Mr. Adelstein.
COMMISSIONER ADELSTEIN: I'm going to withdraw my
second.
CHAIRMAN STRAIN: You're going to withdraw your second?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Okay, the second's been withdrawn. The
motion was for approval.
Is there another second for the motion?
COMMISSIONER MIDNEY: (Indicating.)
CHAIRMAN STRAIN: Okay. So now the motion for (sic)
recommend approval has been seconded by Mr. Midney.
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Mr. Schiffer had made some stipulations in his motions. I'm
assuming that you're seconding those as well.
COMMISSIONER MIDNEY: (Nods head affirmatively.)
CHAIRMAN STRAIN: Okay, any further discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor of the motion of
approval, signify by saying aye and raising your hand.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: One, two, three approved.
All those opposed, same sign.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: One, two, three, four, five. So motion--
I mean six. Motion fails 6-3.
So it will go forward with a recommendation of denial. Is that a
fair statement, Mr. Klatzkow?
COMMISSIONER SCHIFFER: And we still have to fill out our
conditional use?
CHAIRMAN STRAIN: Yes, we do.
COMMISSIONER KOLFLAT: Mine says I'm chairman.
CHAIRMAN STRAIN: That's good. Lucky you. They all say
that. Cross out the word chairman and just leave it, if you want it.
Doesn't matter.
Item #9C
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PETITION: PUDZ-2007-AR-12248, SABAL PALM
DEVELOPMENT~ LLC
Okay, with that, the next -- we're going to take a break at 2:30.
The next case for today is PUDZ-2007-AR-12248, the Napoli Village
commercial planned unit development. Represented by Mr.
Y ovanovich.
All those wishing to testify on behalf of this particular project,
please rise to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Thank you.
Disclosures on the part of the planning commission?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Anybody?
COMMISSIONER CARON: Oh, yes.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: I spoke with Mr. Yovanovich. I'm
sorry, I was --
CHAIRMAN STRAIN: I did, too, very briefly. And I think our
discussion mostly centered around the easement that the church had
referenced in the neighborhood informational meeting.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I also spoke to Mr. Y ovanovich
about questions I had.
CHAIRMAN STRAIN: Okay, anybody else? Thank you.
COMMISSIONER ADELSTEIN: I talked to Mr. Yovanovich.
CHAIRMAN STRAIN: Mr. Adelstein as well.
Go ahead, Richard.
MR. YOV ANOVICH: Thank you. Good afternoon. For the
record, Rich Y ovanovich, on behalf of the petitioner.
With me today, an owner's representative, Dave Mulla; Bob
Duane, the Professional Planner on the project; Mario Lamendola, the
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Architect for the project, and Jerry Neal for the project; and Rob Price,
if you have any transportation questions.
The project is a nine-acre parcel located on the east side of U.S.
41, almost to the north Collier County property line. It's the old Szabo
Nursery. You can see it on the aerial that's up on the -- over by the
bulletin board. We have I guess a church to both the north and the
south, as well as to the east is Stirling Oaks.
The current compo plan designation on the property is urban
residential and the current zoning is agricultural. The request is to
rezone the property to CPUD for an adult community for individuals
over 55.
The permitted uses would be independent living units, as well as
assisted living units. The Future Land Use Element basically provides
that these types of uses are allowed to be requested anywhere within
the urban area.
The number of units that we're requesting is 225 units. However,
of those 225 units a maximum of 175 of those units can be
independent living units.
The maximum zoned height is 50 feet. The actual height is 67
feet.
We have required a minimum building separation from Stirling
Oaks of 150 feet.
We've requested one deviation and that's the deviation for the
floor area ratio. The Land Development Code currently provides for
these types of communities for a floor area ratio of .45.
Recently I was involved in a comprehensive plan amendment for
an approximately eight-acre parcel on Vanderbilt Beach Road, and
that comprehensive plan designation allowed for a floor area ratio of
.6. When we went through that hearing process we explained that back
when the .45 floor area ratio was established the level of amenities and
the unit sizes commonly found in these types of facilities were much
smaller. Over time people have expected a greater level of amenities.
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They want wellness centers, they want swimming pools, they want
entertainment areas, they want bigger units, because it's hard for them
to accept that they should no longer be living in their condominium
but they want to -- they do want to move into these areas and they
want, you know, units that feel more like home and not a small
apartment.
So that was the rationale for that comprehensive plan
amendment. It's the rationale for this project as well, and the basis for
the requested deviation.
And I will have a few other petitions that will be coming through
the process that we'll also be asking for a deviation for the floor area
ratio, based upon that rationalization.
Our request is consistent with the previous action of the Board of
County Commissioners on that compo plan amendment, as I said.
We've met with our neighbors at a neighborhood information
meeting. The only real issue that came up was with the church to the
south. They already had an existing access easement across our
property. They wanted to make sure that however our site was
designed that their access would remain as good as it was that exists
today.
The master plan has been -- to my understanding has been
reviewed by the church and they're comfortable with our PUD master
plan and they're comfortable with our access that we're providing to
them. And that's to -- in this area right here, this is the access area to
the church to the south. And we met with church representatives
regarding that access. And in the summary of the neighborhood
information meeting you'll see that the church was concerned about
that access. But we've accommodated that on the master plan.
Staffs recommending approval and we're requesting that the
planning commission forward our rezone request to the Board of
County Commissioners with a recommendation of approval.
If you have any questions regarding the project, I or anybody else on
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our team will be happy to answer those questions.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MURRAY: I have questions.
CHAIRMAN STRAIN: Mr. Murray, go right ahead.
COMMISSIONER MURRAY: I was looking at Page 5 of9 of
the staff report relative to emergency management and the
commentary that was made there. And the thought came into my head
that it'd probably cost a whole lot more, but I wonder if that building
was going to be hardened. Because I was thinking about the
evacuation of all those people who might be in the assisted living
portion of it there.
I presume that it would not be -- you're not intending to harden
the building against hurricane or treat it as a shelter in some form?
MR. YOV ANOVICH: I don't think we would treat it as a shelter.
I think a Category 3 I believe is what the staff report says, for a
Category 3 storm we --
COMMISSIONER MURRAY: Get out.
MR. YOV ANOVICH: -- would have to evacuate.
COMMISSIONER MURRAY: Yeah, that's pretty--
MR. YOV ANOVICH: That's a rare -- a fairly rare occurrence.
COMMISSIONER MURRAY: Okay. And I appreciate that. Just
a thought that came through my head. Thank you.
CHAIRMAN STRAIN: Any other questions of the applicant at
this time?
Mr. Adelstein then Mr. Schiffer.
COMMISSIONER ADELSTEIN: Yeah, as a matter of fact, it's
going the other direction.
When I looked through this and read it and discussed the
situation, the idea of them having a beauty shop, dining room areas to
go with and have an illness (sic) also there will give them a lot better
time and a lot better feeling when they're there. And I think it was a
very extreme -- a good idea.
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CHAIRMAN STRAIN: Okay, Mr. Schiffer then Ms. Caron.
COMMISSIONER SCHIFFER: Yeah, just to kind of follow up
what Bob said is I know working on the mitigation team that it costs
about $500 per special needs person. Could you guys help emergency
management with funding the shelter that these people would
obviously have to go to?
MR. YOV ANOVICH: I guess the question is -- Mr. Schiffer,
what do you mean by special needs?
COMMISSIONER SCHIFFER: Well, I mean, these people -- a
lot of these people will have special needs, won't they? I mean,
essentially four percent of every apartment building has people with
special needs. This would probably have a higher ratio.
Anyway, my thought is we don't want to work it out here, but
could you meet with emergency management and help them make
sure that the shelters that this facility would have to go to have the
equipment for the special needs?
MR. YOV ANOVICH: I mean, we'll obviously meet with
emergency staff. They did not ask us for any form of mitigation based
upon this proposal.
And the initial proposal and a -- is for basically independent
units.
COMMISSIONER SCHIFFER: Right. So it wouldn't be 100
percent.
MR. YOV ANOVICH: Right, so it would not be -- it would not
be an assisted living facility, 100 percent assisted living facility, I
.
guess IS --
COMMISSIONER SCHIFFER: But I guess I'm bringing it up,
because one of the things I'm becoming aware of is that there is not
money to do all the special needs that we really do need. We really
should be seeking in any kind of condo project some help for them.
And maybe the reason they're not asking is they're shy. But I think it
would be because you're bringing a concentration of people that might
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be -- that might have special needs that you really should work with
them and make sure that they are covered in an evacuation.
MR. YOV ANOVICH: One thing the county, in my experience
is, is they've never been shy.
COMMISSIONER SCHIFFER: Well, I was being polite.
MR. YOV ANOVICH: We could talk to them. But I don't want to
commit to a dollar figure right now, because I don't know what--
COMMISSIONER SCHIFFER: And I'm not asking --
MR. YOV ANOVICH: -- if any dollar figure they want.
COMMISSIONER SCHIFFER: But I'm just saying, just make a
commitment that you will work with them to make sure that the
people here are covered when they go to the shelter.
MR. YOV ANOVICH: Okay.
COMMISSIONER SCHIFFER: Thanks.
CHAIRMAN STRAIN: Ms. Caron, then Mr. Adelstein.
COMMISSIONER CARON: Yeah, we spoke on the phone the
other day about the water management issue and you were just going
to follow up on that.
MR. YOV ANOVICH: Right. The water management -- and I
forgot to, to be honest with you. The water management plan says it's
for 168 units, but the impervious area is not changing. So whether we
have 168 units or we have 175 or up to 225, the impervious area will
remain the same, so the water management system will be able to
accommodate what we're proposing. And any changes will be
accommodated through the site development plan process.
COMMISSIONER CARON: And, you know, I certainly accept
that. However, as we talked about on the phone, there is no way for
me to know that your --
MR. YOV ANOVICH: I understand.
COMMISSIONER CARON: -- impervious area is no greater or
is the same, no matter what.
MR. YOV ANOVICH: Right.
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February 7, 2008
COMMISSIONER CARON: And for the future, once again, we
need to make these changes so that everybody is aware. So if you're
going to talk about 168 units and -- you need to make sure that it's
clear for everybody on this board exactly what it is that we're --
MR. YOV ANOVICH: Sure.
COMMISSIONER CARON: -- talking about.
MR. YOV ANOVICH: I understand.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: One thing that is absolutely
clear, there is a monthly fee for everyone that is in that operational
hospital. So it's a one -- it's not at go in and get a surgery, it actually
gets done by a monthly fee.
MR. YOV ANOVICH: Right. There's no medical treatment
occurring here. This is basically independent. It's apartments,
essentially, for older people.
CHAIRMAN STRAIN: Any other questions of the applicant at
this time?
(No response.)
CHAIRMAN STRAIN: Well, then let me start.
The easement that you're providing to the church, have you
written that up?
MR. YOV ANOVICH: It's there on the -- it's on the master plan.
CHAIRMAN STRAIN: Well, you're showing an interconnection,
but do they have the right to go onto your property in the format of an
easement, and is one needed to make sure that they have that in
perpetuity .
MR. YOV ANOVICH: They already -- Mr. Strain, they already
have an access easement across the property . We will have to modify
it, with their permission, obviously, to make that little jog. So we
cannot interfere with their access because they already have it. So we
will have to modify it to make that little curve.
CHAIRMAN STRAIN: Okay, and you're telling us contrary to
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the neighborhood informational meeting this is now -- this is in
agreement with them?
MR. YOV ANOVICH: Yes, that's what I've been told.
CHAIRMAN STRAIN: Mr. Klatzkow, is there any
documentation or something that we would need at this stage, or is it
okay based on on the verbal comments made? I haven't seen the
easement, I mean, so I don't --
MR. KLATZKOW: Well, I think Mr. Yovanovich is committing
or representing to you that there is this easement access. And if there
isn't, I think there will be repercussions.
CHAIRMAN STRAIN: Can you have any problem getting the
easement formatted and done before the Board of County
Commissioners' meeting?
MR. YOV ANOVICH: Well, my understanding is that if we
cannot modify the easement, we may have to shift a little bit of our --
I'm just saying -- the answer is I don't know. When you're dealing with
a church board, I can't commit that I'm definitely going to get it
modified before the Board of County Commissioners.
But what I'm saying is the worst case scenario for the church is if
it doesn't occur, we'll do a minor shift of the location of the
interconnection to where it currently exists. So there's no downside in
letting us go forward to the Board of County Commissioners, because
the church already has its access across our property.
CHAIRMAN STRAIN: Okay, they have an access across your
property --
MR. YOV ANOVICH: And it's already constructed.
CHAIRMAN STRAIN: Okay. But it's not in the same location
shown on that plan; is that correct?
MR. YOV ANOVICH: Correct. So if we want to move it, we
have to get their permission. If they don't end up giving us our
permission, we'll end up making a minor modification to our site plan
to accommodate their current access.
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February 7, 2008
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: It was my understanding in our
conversation that you had already had that discussion and they were in
agreement with you moving that --
MR. YOV ANOVICH: That's what we have been told, they are in
agreement.
But the question I was asked is do I -- will I have the revised
easement before I go to the Board of County Commissioners. And I
can't say emphatically yes, I will. But I was trying to assure the
planning commission that the downside is if I don't obtain it is it's
going to stay exactly where it is today. So there's no downside to the
church and there's no downside to the county if you allow us to go
forward without having that document in our hands.
CHAIRMAN STRAIN: Mr. Y ovanovich, what easement where
are you going to give them as a substitute? The one that's in our packet
or the one that's on the wall? Which master plan are you going to use?
MR. YOV ANOVICH: This is the master plan right here.
CHAIRMAN STRAIN: Okay, that's not the one in our packet.
MR. YOV ANOVICH: I know. And John-David will talk to you
about that, but --
CHAIRMAN STRAIN: So are we going to get a master plan that
we're approving today?
MR. YOV ANOVICH: This is the one that my understanding is --
this is the one we submitted to the county and this is the one we're
requesting approval of.
You have the large copy in your backup is what I understand.
CHAIRMAN STRAIN: Well, the one I've got doesn't show the
connection as you're showing there.
MR. YOV ANOVICH: The larger one, not the --
CHAIRMAN STRAIN: I don't -- the larger ones go into the trash
can. They should match the one that's in the packet. If they don't -- the
one in the packet gets recorded. I don't need the larger ones. And if
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staff never wants to send them to me, that's fine.
But as far as the one that's recorded, that's the one I focus on. I'm
focusing on the PUD that you submitted for recordation. And I don't
find that plan in it.
So is that plan -- what material differences are between that plan
and the one we have in our package as far as the PUD document?
MR. MOSS: I'm sorry about that. We don't know how this
happened, but the application, the only thing different is that access.
It's a curved access instead of a squared off one like in your packet.
That's the only difference. And this is the one that's going with the
resolution that's to be recorded.
CHAIRMAN STRAIN: The one that's on the wall.
MR. MOSS: That's right.
CHAIRMAN STRAIN: That's a better master plan, so that's fine.
MR. MOSS: Yes.
CHAIRMAN STRAIN: So we're going to -- our stipulations will
be you're going to use the master plan that's on the wall.
MR. YOV ANOVICH: Somebody taking a picture of the wall?
CHAIRMAN STRAIN: I guess then if it's okay, I'll continue with
.
mIne.
Exhibit A, Richard, Roman numeral I and then B, accessory uses
and amenities. The following uses shall comprise a minimum of 20
percent of the total amount of the gross floor area.
And then under C, accessory uses and amenities. The following
uses shall not be counted towards the minimum 20 percent of the total
amount of gross floor area.
And it mentioned signs, water management areas, essential
services, covered parking, van transportation areas, nature trails. When
have we ever counted those as gross floor area, and how does that
factor into gross floor area?
MR. YOV ANOVICH: The question wasn't the gross floor area.
This was a clarification that staff wanted to make sure that we couldn't
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argue that any of those things we could say met our 20 percent gross
floor area requirement for amenities.
The intent was to clarify that they -- not that we ever could in the
first place, but it was extra language in there to clarify that that could
not happen.
CHAIRMAN STRAIN: Okay. I'm glad you clarified -- I hope
you're around as the years go on to clarify that for anybody that asks.
Under your preserve tracts, Roman numeral II, you have 1.36
acres. And you have, under environmental requirements, the very last
page of Exhibit F, you have 1.35 acres. That's a minimum there, so I
guess it works. Both of them say minimum, though. Which is it?
MR. YOV ANOVICH: Well, we have a minimum of 1.35, but we
agree to 1.36. So we have given an extra one-hundredth of an acre.
CHAIRMAN STRAIN: I just want the documents consistent,
because you'd be the first attorney to stand up and cry foul.
So 2-A will be 1.36; is that right?
MR. YOVANOVICH: Yes.
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Okay. Principal uses, structures. You
have passive recreation areas and recreational shelters.
Do you have any development standards for your recreational
shelters?
COMMISSIONER MURRAY: This is too much fun.
MR. YOV ANOVICH: Bob? What page are you reading from?
CHAIRMAN STRAIN: Your preserve tract, Exhibit A, second
page. Mine doesn't have page numbers on it. I think you were afraid to
give them to me.
MR. YOV ANOVICH: Exhibit A.
COMMISSIONER CARON: No, the Exhibit A.
COMMISSIONER VIGLIOTTI: A what? I don't have.
COMMISSIONER MURRAY: That's for people like me whoRsay eh?
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MR. YOV ANOVICH: I think you make a good point. We don't
clearly say, but we should say that they have to meet the accessory use
development standards.
CHAIRMAN STRAIN: Okay. What's -- you're going to love this
one. What are the passive recreational areas? What are they? What's
uses are --
MR. YOV ANOVICH: What are the uses?
CHAIRMAN STRAIN: -- you thinking? Yeah, what's the uses?
MR. YOV ANOVICH: Well, it says under A-4 such as pervious
nature trails or boardwalks are allowed within the preserve areas.
CHAIRMAN STRAIN: Right. So that's about it then, that's all
you want?
MR. YOV ANOVICH: We don't have some of the other -- would
you like to give us some more? I mean, we -- I'm kidding.
CHAIRMAN STRAIN: Well, didn't we work this out on
Cocohatchee?
MR. YOV ANOVICH: The property wasn't big enough for us to
have that expansive use of passive recreational uses.
CHAIRMAN STRAIN: But don't you think that you could pull
some of the uses from that list that would fit on this property, if that's
what you want? Otherwise, let's just go with something definitive
instead of we worked it out there. Passive recreational uses are pretty
broad. Do you know what you want there?
MR. YOV ANOVICH: No. I mean, honestly, the nature trails and
the boardwalks is probably all we will ever want to put in those
preserve areas.
CHAIRMAN STRAIN: Anybody else have a problem with that?
And I'll let it go if you all want to go.
(No response.)
CHAIRMAN STRAIN: Okay. And the last one you've already
answered, which is the 1.36, that will be the minimum. Thank you.
Any other questions of Richard?
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(No response.)
CHAIRMAN STRAIN: Thank you, sir.
Staff presentation.
MR. MOSS: Thank you, Commissioner. John-David Moss,
Department of Zoning and Land Development Review.
I just wanted to say for the record that this project is consistent
with the Growth Management Plan and the LDC.
I also wanted to explain the justification for that 20 percent.
Since the applicant was saying that he was going to require a larger
FAR, because he was going to provide all of these amenities, I just
wanted to make sure that he was going to provide all these additional
amenities.
And we had all of those accessories uses listed together. And so I
didn't want him coming in and saying that, you know, a stormwater
management pond was going to count towards 20 percent of his
amenities, and so that's why I had him separate them. So I'm sorry if I
made it confusing, but --
CHAIRMAN STRAIN: No, that's okay. The explanation works,
it just -- I needed the explanation, so no, I appreciate it.
MR. MOSS: Very good.
COMMISSIONER CARON: And thank you, Mr. Moss.
MR. MOSS: Sure.
So that's all I have, unless you have any questions.
CHAIRMAN STRAIN: One question.
Cherie', we might wrap this one up before we go on to the next
one in about five or 10 minutes. Is that long enough for your
switchover? You didn't know she was behind you, did you?
COMMISSIONER VIGLIOTTI: Surprise.
CHAIRMAN STRAIN: Okay. I want to mention something to
you, and I'm not going to labor the point because I have in the past and
staffs well probably aware of it.
These rezone findings and PUD findings were not written very
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well, because it was boilerplate stuff. But just to be clear, I disagree
not with the intent of the rezone findings but the way the following
ones were written. One, five, six, seven, eight, nine, 10, 11, 12, 14, 15,
16 and 17. And the PUD findings one, two, three, four, five, six, seven
and eight.
And my basis for that is what I've expressed in other elements
when we've discussed rezone findings. And that's all I need to say on
the matter because I know staffs cleaning it up, but I wanted my
position --
MR. MOSS: And this one was --
CHAIRMAN STRAIN: -- clear on the record.
MR. MOSS: -- already done by the time all these changes--
CHAIRMAN STRAIN: Right, fully understand that.
MR. MOSS: -- were -- okay, so I just wanted to make you aware,
it won't happen again.
CHAIRMAN STRAIN: As long as we do a better job, it all helps
everybody.
And then the other thing I want to mention, and it probably
wasn't you that took this in, and I think Mr. Schmitt clarified it this
morning. When they did the intake they didn't check the master
homeowners associations. I did. They're not viable associations as
they're listed in the application, but there are the viable ones, you can
find them on-line. So that being said, I don't need to belabor that point.
Any questions of staff?
(No response.)
CHAIRMAN STRAIN: No? Thank you, sir.
Are there any public speakers, Ray?
MR. BELLOWS: No one has registered.
CHAIRMAN STRAIN: Okay. With that, we will-- of course
there's probably not a rebuttal. Mr. Y ovanovich doesn't want to take
another chance at coming up here.
Is there any further questions on behalf of the planning
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commission? If not, we'll close the public hearing.
Any discussion?
(No response.)
CHAIRMAN STRAIN: Other than the fact this looks like a
pretty good project.
So anybody have a motion?
COMMISSIONER VIGLIOTTI: I'd like to make a motion for
approval, pending your stipulations that I'm sure you have duly noted.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER ADELSTEIN: I'll second it.
CHAIRMAN STRAIN: Okay, motion's been made by
Commissioner Vig --
COMMISSIONER VIGLIOTTI: Vigliotti.
CHAIRMAN STRAIN: Vigliotti. I'm going to get that right after
all these years.
And seconded by Commissioner Adelstein.
The stipulations would be that they would obtain an access
easement with a church by the time it gets to. the Board of County
Commissioners' hearing; that the master plan that's going to be used is
the one that was shown to us on the wall here today that apparently
was in the larger blowup in our package but not in the smaller blowup;
and that the preserve area minimum will be 1.36; and that the
recreational standards will be the same as those of the accessory
standards.
Now, anybody else have anything?
COMMISSIONER SCHIFFER: Well, Mark?
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: I wish there was some way we
could make sure they mitigate the evacuation of this building. It is in a
Zone 3, there will be people that are going to need sheltering. Is there
any way we can do that? I mean, we ask for money for, you know,
affordable housing. Can we ask for money to --
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CHAIRMAN STRAIN: Well, Brad, I mean, I know we've had
things come through and we've asked for contributions that have been
site related. I don't know how we can do things outside of the impact
fee ordinance and the other things that allow us to take site-related
impacts like a road system.
And I really think if we need such contributions, they ought to be
labeled out in a format that is above -- I mean, in the front, not
extracted. I think we -- I think if you want to suggest we look at a fee
for this on a standard basis that's put into an ordinance, I think that's a
great idea. But it would be vetted through the public process and be
more I think fair. So that's my position.
COMMISSIONER SCHIFFER: And my concern, though, this is
a large amount of people. This could be burdening the sheltering
system and that's, you know, something we should plan for. We're
planning for everything else.
CHAIRMAN STRAIN: Maybe the suggestion will be taken up
by emergency services and they'll come back with an impact fee
resolution or something. That should be the way I think to do it,
though.
Any other questions?
(No response.)
CHAIRMAN STRAIN: Okay, would staff --
MR. YOV ANOVICH: Mr. Strain, my only issue, if it's okay, if I
may, is the timing of the easement. I don't know that I can get that
done prior to the board date. I hope I explained there's no downside to
either entity if I don't get it done by that date.
CHAIRMAN STRAIN: You did. And the only reason I put it in
there is because I'll let you argue that with the board then. If you can
convince the board that it's not needed, then that's fine. But at least
this board did the best they could to get it to them in a timely manner.
So it doesn't matter to me that you go to the board and express to
them your concerns. And if they feel that your concerns are justified,
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then I'm sure that they'll work with you on it.
My position is I don't see why you couldn't have gotten it by now
and you could still get it by then. So I don't -- and again, I don't -- it
wouldn't matter if the board said fine, they'll go along with your
process. But from my perspective, I thought it would be a good thing
to highlight to the board. And if they wanted to waive it, they certainly
don't have to accept all of our recommendations.
Anybody else?
COMMISSIONER MURRAY: Yeah, I do.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: If I understood it, and I want to
be clear in my mind. If I understood it correctly, there were two
options here. One is that there is an easement in fact. The other is that
there is intending to be a modified easement, if possible. Failing that,
the other easement remains in place.
MR. YOV ANOVICH: It does. They have --
COMMISSIONER MURRAY: So our stipulation, which I don't
recall your phrasing of it, but the stipulation, the way I'd put it --
MR. YOV ANOVICH: What the church said to us is we want the
easement we have today, unless you can show us it's a better
easement. We think we've shown them it's a better easement. But if
their position changes and I can't get a document signed by the church,
they'll have the access they have today and --
COMMISSIONER MURRAY: And you said you would change
your master plan.
MR. YOV ANOVICH: We'll make the modifications to our
master plan --
COMMISSIONER MURRAY: That's what I --
MR. YOV ANOVICH: -- to accommodate their current easement.
I don't -- I think it's a better access, but if they decide for whatever
reason they want to leave it like it is, I hope that's not going to be the
reason this project fails.
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COMMISSIONER MURRAY: Yeah, I would hope not.
CHAIRMAN STRAIN: Mr. Murray, you made a good point, and
so I would suggest we revise the stipulation to read that, provide a
revised access easement for the church or to revise the master plan to
be consistent with the current easement.
MR. YOV ANOVICH: Thank you. That's what we're --
CHAIRMAN STRAIN: Either way. Then you're covered either
way it goes.
COMMISSIONER VIGLIOTTI: That's better.
CHAIRMAN STRAIN: Okay?
I thank you, Mr. Murray that was a good point.
Anybody else have any questions or concerns?
(No response.)
CHAIRMAN STRAIN: Call for the motion. All in favor signify
by saying aye.
COMMISSIONER SCHIFFER: 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 9-0.
And with that we'll take a 15-minute break and be back here at 2:50.
CHAIRMAN STRAIN: Okay. Welcome back from our
15-minute break. And we wore out Cherie'; we now have Terri, so
we're going to -- but for the next little bit of time, I don't think we're
going to wear her out.
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Steve, before you're up, we're going to talk about Cocohatchee,
so --
MR. LENBERGER: Okay.
CHAIRMAN STRAIN: Mr. Yovanovich wants to get out of
here, and he's dying to get out of here now that he had his win.
MR. YOV ANOVICH: Hard fought.
CHAIRMAN STRAIN: First thing on the Cocohatchee is the
date. We had it scheduled for this February 14th. We were thinking of
going to the 21st, but that wouldn't work for Mr. Schiffer, and to be
honest with you, since it is the district that Mr. Schiffer and Ms. Caron
are in, I think it vital that both of them be at the meeting. And if we
can accommodate, we should.
The dates -- I've gotten one date from staff, is February 25th, and
that would obviously be the best date because it's as close to this
month -- it's still in this month, and it would be -- we have the room
for the whole day if we have it on the 25th of February. How does that
work for everybody else?
COMMISSIONER VIGLIOTTI: I'm fine.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah. I mean, what I said, Mark,
is I'm coming in on a flight scheduled to be at nine o'clock on the 24th,
so I would prefer it in the afternoon on the 25th, but -- uh-oh.
CHAIRMAN STRAIN: Well, the only thing there, Brad, is if we
get into some convoluted discussion, it would be nice to know we had
the whole day to resolve it.
COMMISSIONER SCHIFFER: You're right.
CHAIRMAN STRAIN: I didn't think we'd be here today till this
time so--
,
COMMISSIONER SCHIFFER: I mean, what other dates do we
have then?
CHAIRMAN STRAIN: Well, we're back into March, and I don't
really -- I don't see the need for this -- I really wish this board wouldn't
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have to push it into March.
COMMISSIONER SCHIFFER: Okay. I mean, whatever we have
to do. I mean, if everything got in fine, yeah, I'd be back to my house
about 10:30, 11 :00. If not, I've got a problem, you know.
CHAIRMAN STRAIN: Well, let's start at 10 o'clock then.
COMMISSIONER SCHIFFER: Ten o'clock would be -- would
help me a lot.
CHAIRMAN STRAIN: Okay. Richard?
MR. YOV ANOVICH: The only thing I ask is, I've got people
I've got to ask about their schedule. So I mean, I can't commit to you
right now that I can have my engineers here and I can have my client
here on the 25th. I can -- my client's out of town today. I'll do my best
to get in contact with them to get back to you on the 25th, about the
availability on the 25th. What I'm asking is, if there's an issue on our
side --
CHAIRMAN STRAIN: Well, Richard, do your best. And if you
can't on the 21 st ( sic), we may have to reschedule again.
MR. YOV ANOVICH: Okay. I just wanted to let you know that I
hope that would be accommodated if we can't rearrange our things.
CHAIRMAN STRAIN: Okay. Well, we'll do that. So on the 21st
(sic), but please try to make it work.
MR. YOV ANOVICH: I understand. And I had -- if I could say, I
have a meeting that day at two o'clock. Ifwe can -- do you think
there's any chance that we can -- I'd hate to reschedule that, but I will
if you're telling me there's a substantial likelihood we're not going to
be done by two.
CHAIRMAN STRAIN: Well, if you can stick around for a few
minutes and hear the rest of the conversation, you may find that out.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: You said it's 25 or 21?
CHAIRMAN STRAIN: Twenty-fifth.
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COMMISSIONER SCHIFFER: Twenty-fifth.
CHAIRMAN STRAIN: Twenty-fifth at 10 o'clock. Mr. Schmitt,
would that -- that's what the -- that's on the schedule you gave; it's
acceptable; is that --
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: Okay. We're locked in unless on the 21st
(sic) it changes.
MR. SCHMITT: For the record then the meeting that was
continued to February 14th is now continued to--
CHAIRMAN STRAIN: February 25th.
MR. SCHMITT: -- February 25th at --
COMMISSIONER CARON: Ten a.m.
MR. SCHMITT: -- ten o'clock.
CHAIRMAN STRAIN: Right. And Mr. Klatzkow, do we have a
-- do we need a motion to that effect, or can we just -- can you just
acknowledge -- can I acknowledge as the chair that it's continued to
February 25th at 10?
MR. KLATZKOW: No. We're continued to February 25th, 10
a.m.
CHAIRMAN STRAIN: Okay. Next item I want to discuss is
involving the same situation, is I've been trying to coordinate the
paperwork for today on anticipating the 14th being the date for
Cocohatchee, and in asking different entities for different paperwork, I
was getting different conclusions as to what paperwork was to be
provided.
And the issue that is at question is the SDPs. The settlement
agreement is contingent upon three acceptable SDPs. Staffhas
reviewed the SDPs numerous times, rejected them, got responses.
Most, if not all, of the remaining responses or lack of information
on the SDPs are issues that I believe are due to the settlement
agreement. Now, if I'm wrong, I hope someone from staff can correct
me.
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But that was where I thought we left it. And I understood -- the
applicant believes that we weren't -- we had instructed last time that
our review of the settlement agreement and the SDPs gave you what
we needed for that review, that we would complete the corrections to
the settlement agreement through a final reading and through a
strikethrough version of the PUD, and all the other information we
asked for at our next meeting, which is now the 25th, but that the
SDPs would later on follow subject to all the terms of the settlement
agreement which staff would then be able to apply to the SDPs and
move it to the BCC, and we wouldn't need another version of the SD P
issued to us because it would have to come after the settlement
agreement was finalized.
Is that what this board saw as the direction that was to be -- that
was provided at the time?
COMMISSIONER MURRAY: That's what I thought it was.
CHAIRMAN STRAIN: Two. And Ms. Caron and Brad, it's your
district. Are you in agreement with that or --
COMMISSIONER SCHIFFER: Donna? You can go -- I mean,
my impression was, is that we were going to get a -- I mean, we struck
off a lot of stuff in the settlement agreement and we were just going to
get that back. I don't know -- we can't -- what's happening that's
holding it up from even being available next week.
CHAIRMAN STRAIN: Part of the settlement agreement was to
be an attached strikethrough version of the PUD. Remember we all
talked about that?
COMMISSIONER SCHIFFER: Correct.
CHAIRMAN STRAIN: That's the document that isn't completed
yet.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: That's why it's still taking up some time.
COMMISSIONER SCHIFFER: So -- but what we're going to
have is two documents, the strikethrough of the PUD and the
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settlement agreement?
CHAIRMAN STRAIN : You'll have a settlement agreement in
which the PUD is an exhibit --
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: -- to the settlement agreement, and then
that would be a complete package, and everything would be
incorporated through exhibits, and then we're done.
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: Unless -- and the confusion was, some
staff members thought they were getting a new SDP package for us to
review, and I didn't think we were going to go there again because we
had already done that, and the items that we looked at wouldn't
necessarily be any different than what we'd seen before because we
hashed those out at the settlement discussion.
I just want to make sure this board's in conformity with that
thought so we make -- we have everything we need to finish this on
the 25th. Anybody in disagreement? Anybody not clear?
COMMISSIONER SCHIFFER: Yeah. Let me just say, one of the
issues though was we got removed from the settlement agreement any
modification to how the distance between buildings are going to be
measured. And then --
CHAIRMAN STRAIN : Yes. I saw the strikethrough version so
far, and it does remove that -- those two sentences, or whatever
number there were there.
COMMISSIONER SCHIFFER: And then it's up to staffs
professional judgment as to what that means.
CHAIRMAN STRAIN: That's correct. Mr. Adelstein?
COMMISSIONER ADELSTEIN: When will we receive the
copies before the 25th?
CHAIRMAN STRAIN: Well, a week before is what the object
has always been. That's why it had to be delayed.
CHAIRMAN STRAIN: Is there any -- any other clarification on
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the part of this board as to what they're going to receive for the 25th
meeting?
Okay, good.
MR. YOV ANOVICH: Who do I communicate with if there's a
problem, with staff or do I --
CHAIRMAN STRAIN: Well, I would suggest -- who's the point
person for Cocohatchee, Ray? Is that your department or legal
department?
MR. BELLOWS: The settlement agreement is through the
County Attorney's Office, but coordination of Site Development Plan
information would be Ross Gochenaur.
MR. YOV ANOVICH: I'm talking about the hearing date.
CHAIRMAN STRAIN: The hearing date.
MR. SCHMITT: Let me know. I'll coordinate between me and
Jeff.
CHAIRMAN STRAIN: Yeah. We'll just email them. The only
thing that this panel needs to know, that on the 21st (sic) we have to
have another session for rescheduling.
COMMISSIONER SCHIFFER: And Mark, one --
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Since I'll be out of town that
week, who would I give my address so they can forward a package to
me out of town?
MR. BELLOWS: You can provide it to me and we'll make sure
that whatever packets or information goes out --
CHAIRMAN STRAIN: And that does work, because they've
done that a couple times with me, and it's worked fine.
Mr. Kolflat?
COMMISSIONER KOLFLAT: Did we take off the table any
kind of discussion or exploration of the distance between the
buildings?
CHAIRMAN STRAIN: We didn't -- the only things that we were
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asked to discuss were those issues involving the settlement agreement.
The distance between the buildings, I believe, is part of the -- it's listed
in the settlement agreement, so we can still talk about it.
COMMISSIONER SCHIFFER: Well, we took out--
CHAIRMAN STRAIN: Well, we took out the -- I'm not sure. We
took out a section, but is there anything left, Richard, in the settlement
agreement?
COMMISSIONER CARON: I thought we voted on to be taken --
MR. YOV ANOVICH: What you took out is, we had asked for
clarification on how the PUD would be implemented. The PUD talks
about reducing separation of buildings.
We had put some language in the settlement agreement that
would clarify how that would be applied, and you recommended that
it be struck from the settlement agreement. And the version that I've
seen so far struck any references to building separation. So it will be
what's currently in the PUD document.
CHAIRMAN STRAIN: Right.
COMMISSIONER KOLFLAT: And that no longer is in the
document?
CHAIRMAN STRAIN: It's no longer in the settlement
agreement. It's in the PUD.
COMMISSIONER CARON: You can discuss it --
CHAIRMAN STRAIN: Well, now wait a minute.
COMMISSIONER CARON: -- as far as the PUD is concerned.
CHAIRMAN STRAIN: No. We're not -- this isn't an amended
PUD . We need to clarify this because if we're going to have an
opening up of all the issues in the PUD, that's fine, but I want to know
it now because we certainly are going to have a lot longer meeting on
the 25th than anybody may expect, so we need to get all this on the
table if this board is not in agreement on what we're actually
reviewing. It ain't up to me. It's up to all of you. We saw the tape of
what Commissioner Coyle and the BCC sent to us. I thought I
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understood it. I certainly could be wrong.
So Ms. Caron?
COMMISSIONER CARON: Well, as far as I know, attached to
that settlement agreement are the three SDPs and the PUD and the
Bald Eagle Management Plan and everything else. They are all part of
the settlement agreement.
CHAIRMAN STRAIN: Right. But the terms of the settlement
agreement do not change all parts of the PUD. So we're only looking
at a strikethrough version of the parts of the PUD that are amended by
the settlement agreement.
If you believe that our goal or our task was to amend and review
every section of that PUD, then we need to -- we need to address that
because that's a really different change, and it requires a whole
different approach to the meeting on the 25th.
I'm not saying you're right or wrong. I just want to make sure
we're all coming back here on the 25th with the same intention in
mind.
COMMISSIONER VIGLIOTTI: If I'm not mistaken, the
direction we got from the board was not to change the whole PUD but
see how the PUD is -- if it's consistent with the LDC, or am I --
CHAIRMAN STRAIN: You mean the settlement agreement?
COMMISSIONER VIGLIOTTI: Settlement agreement. I'm
sorry .
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: I mean, I don't disagree with that.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: But I think that you may be trying
to exclude discussion of things that the petitioner has laid out there,
and by us just wiping them away, I'm not sure that that --
CHAIRMAN STRAIN: Oh, no. First of all, I want to back up. I
am absolutely, without doubt, not trying to wipe away anything. In
fact, I'm going to an extreme in the opposite direction.
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If this board has any concern about what we should be reviewing,
put it on the table now so that we can, on the 25th, know what to
expect. But it's got to be something this board feels was part of our
duty to do.
If any of you are unclear on that, review the tape, review the
minutes, talk to the county attorney, talk to staff. But let's get it
resolved. I don't want -- the last thing this board needs to do for its
credibility and its task is to have the meeting and afterwards say, oh, I
thought we should have been discussing this. We didn't. We didn't do
what we were supposed to do.
Don't go there. Let's do it right the first time, get done the 25th if
we can, but we've got to go into that meeting knowing what we're
going to do.
Ms. Caron?
COMMISSIONER CARON: Mark, so far you're the only one I
know, beyond staff, who has seen what this strikethrough and
underline has in it. So I don't know --
CHAIRMAN STRAIN: We were given one for the last meeting.
That's the only one I'm going on. It's in my -- it's the last one we got at
the last meeting where they -- we had just drafted it.
COMMISSIONER CARON: The last meeting is open for
discussion? Whatever's in the strikethrough and underline in the last
meeting is open for discussion.
CHAIRMAN STRAIN: The settlement agreement that Jeff sent
us a draft of after our first meeting in which he struck out a bunch of
things, and at that meeting we provided him with a whole pile of
consensus from this board as to additional things to change in that
document. Those things all got changed and I haven't seen the final
version yet. I'm still --
COMMISSIONER CARON: Right, that's what I'm saying; I
haven't seen it.
CHAIRMAN STRAIN: Okay. But my assumption is, if our
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directions were followed, are we -- are we going in a different
direction on the 25th?
COMMISSIONER CARON: No.
CHAIRMAN STRAIN: Okay. I just want to make sure.
Mr. Adelstein?
COMMISSIONER ADELSTEIN: When will we obtain it, a
week ahead, did you say?
CHAIRMANSTRAJN:Yeah.
Mr. Klatzkow, do you have any comments? I mean --
MR. KLATZKOW: No.
CHAIRMAN STRAIN: Okay. Well, then on the 25th -- let's just
hope we can get done on the 25th.
COMMISSIONER SCHIFFER: Ten a.m.
CHAIRMAN STRAIN: Hope we can restrict our discussions to
what the board intended. And if any of you talk to the board members
and they express a different intention or a clarification, please let us
know. Mr. Schmitt.
MR. SCHMITT: For clarification, on the 25th, we will review
the settlement agreement, we will review the strikethrough and
underline of the PUD, and you would want staff to have completed its
review of the SDP resubmittal?
CHAIRMAN STRAIN: Well, to the extent--
MR. SCHMITT: Ifwe get the SDP --
CHAIRMAN STRAIN: Yeah. To the extent that it's not -- only
the issue -- the only issues on the SDP you can't review are those that
are contingent on the settlement agreement.
MR. SCHMITT: Well, We'll review them based on the
settlement agreement language, but they will not be approved until the
settlement agreement is approved.
CHAIRMAN STRAIN: Richard, is your client going to be
resubmitting SDPs between now and the 25th for further review?
MR. YOV ANOVICH: I don't -- I don't believe so.
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Just so I make sure what I'm telling my client we're doing, and I think
I do, is what the strikethrough and underline version we're all referring
to about the PUD is, as you will recall, the settlement agreement had
included in it certain development standards, list of passive
recreational uses.
Instead of putting all of that into the settlement agreement, we
wanted it in one document which was the PUD document. So all we're
reviewing is the PUD document to make sure that everything that we
-- was formerly in the settlement agreement --
COMMISSIONER MURRAY: Settlement agreement.
MR. YOV ANOVICH: -- found its way into the PUD document.
We're not renegotiating anything else. We're just making sure that it
was properly transferred from the settlement agreement to the PUD
document, and that's what I believe we're prepared to discuss.
And I don't believe we're going to be making any more SDP
submittals until we get through this board as far as what their
recommendation is as far as the development standards are going to
be, then we'll submit.
And we understand that Mr. Schmitt's staffwill be reviewing it
for consistency with the settlement agreement/PUD document that's
going to the board, and hopefully the board will approve the
settlement agreement, which would mean the SDPs would also be
approved at some time in the future.
CHAIRMAN STRAIN: Any comments? Any disagreement with
what Richard just laid out?
COMMISSIONER SCHIFFER: Not so much Richard. It was
what Joe said. We are not going to have graphic SDPs in here that we
are going to have to accept as compliant?
CHAIRMAN STRAIN: I didn't think we were, but that's why I
brought it up today is because I've heard different staff people think
that another SDP submittal was going to be coming before we heard
this again.
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MR. SCHMITT: I need -- because that's why I'm clarifying. It
was my understanding you wanted staff to at least look at the
documents to assure that the documents reflected what the settlement
agreement was proposing, or what the final settlement agreement will
propose to the board.
And I thought you wanted assurance that both the SDPs were in
compliance with the settlement agreement and the settlement
agreement and the PUD document were -- were both -- were, frankly,
in agreement. And then --then and only then would it be sent to the
board.
So I'm kind of misdirected here. So there is no requirement for an
SDP, or actually it's three SDPs, for staff to have reviewed those SDPs
to assure compliance with the settlement agreement.
CHAIRMAN STRAIN: Well, prior to the board meeting, yes, but
prior to our meeting, I didn't think the need was there because we've
already gone over all those SDPs, and the only things remaining was
for staff to take the interpretations of the settlement agreement and
make sure they're interpreted properly in the SDPs.
I don't know what the board members on this panel are feeling. If
you all want to sit here and review 24 by 36 pages of SDPs, then say
so.
COMMISSIONER SCHIFFER: Actually, the opposite, Mark. In
other words -- and let's just go to the issue that concerns most of
District 2, and that's the distance between the buildings.
In the -- some form of the settlement agreement there was
verbiage in there that Richard says makes clear -- I say change -- the
way the distance between buildings are measured. We've got that
taken out of the settlement agreement, so we don't have to discuss that.
CHAIRMAN STRAIN: Right.
COMMISSIONER SCHIFFER: Ifwe have to accept the
interpretation of staff in the SDP, we're going to have a problem. So I
would -- you know, staffhas looked at that, staff is the professionals,
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staffhas made their judgment. The PUD says it's up to staffs
judgment.
It would not be the same judgment, I think, as mine. But the point
is that they did that. So we don't have to do that. In other words, we --
I think at the last meeting, we got that out of the way.
So, Joe, if you bring an SDP, you're bringing that issue back up
to the surface.
CHAIRMAN STRAIN: Well, I don't think the instruction was to
bring in the SDPs again, and I thought it was clear that we wanted the
settlement agreement completed with the exhibits, including the
strikethrough version of the PUD reflective of the settlement
agreement discussion, which would mean it wouldn't be opened up for
complete rewrite or amendment. It's strictly those issues involving the
settlement agreement.
And, again, I'm just telling you all my interpretation of what I
heard, what I thought the BCC direction was. And if you disagree,
that's quite all right. That's what we're here for.
Mr. Murray?
COMMISSIONER MURRAY: I don't agree. In fact, I agree with
everything that Mr. Y ovanovich indicated. That was my recollection
as well. I thought we had whittled it down to the point where it was
the issue between the settlement agreement and the PUD, and that --
those functions that didn't belong there got over here and that when it
went to the board, the SDP will have been reviewed by those people
who understand how to do that.
I know that the issue of angularity of buildings and
measurements was talked about, but we came to the point where we
were not able -- in my recollection we were not able to either have a
consensus or even grasp it adequately to be able to determine that. The
only thing I thought we talked about at length was the question of
whether it was inhabitable, second story -- or second structure -- story,
yeah. And I don't -- I really think that we whittled it down to where
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what you have said, Mr. Chairman, is what we were intending to do
and as said by Mr. Yovanovich. So that's my recollection.
CHAIRMAN STRAIN: Okay. Does anybody on this panel then
have any different recollection or any need to review the SDPs again
on the assumption that the settlement agreement does have the
strike-out version -- language that we talked about in -- regarding the
separation of buildings?
Because other than that, then we're all -- we're good for go on the
25th, no SDPs, just the settlement agreement and the strikethrough
version of the PUD with the exhibits or whatever that we asked.
MR. SCHMITT: Well, it's my understanding you already have
the latest settlement agreement; is that correct?
CHAIRMAN STRAIN : We've gotten -- I don't know if it's the
latest. We were given a draft a while back that we all received, but I
can't -- I think there's been more modifications to it.
MR. SCHMITT: We will-- so the only thing that will be sent
will be the -- the final settlement agreement, because I think there's
still some language tweaking between the attorneys, and the PUD
document showing the strikethrough and underline that reflects those
items out of the settlement agreement into the PUD.
CHAIRMAN STRAIN: With any revised exhibits that are
applicable.
MR. SCHMITT: And the revised exhibits that we discussed that
were on the record.
CHAIRMAN STRAIN: Okay. Ms. Caron?
COMMISSIONER CARON: I have no comment.
CHAIRMAN STRAIN: Oh, I thought you had your hand up
there for a minute.
Okay. Nothing else? Then we'll leave that one lie where it is.
Thank you for staying, Mr. Y ovanovich.
Item #IIA
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NEW BUSINESS
And next item up is the CCPC request to have a progress report
to be given them concerning the EAR-based LDC amendments
pertaining to policy 625 of the conservation and coastal management
element. This was a request by Mr. Midney several meetings ago.
MR. LENBERGER: Good afternoon. For the record, Stephen
Lenberger, Environmental Specialist with Engineering and
Environmental Services Department.
I received several correspondences with some of the questions,
and there are a variety of questions I received in relation to policy 624
and 625, and I just wanted to go through them as best as I understood
them.
What I wanted to start with is policy 624. I just wanted to read
subparagraph 4, which should explain some of it.
Within the Immokalee urban designated area there may exist
high-quality wetland systems connected to the Lake Trafford!Camp
Keais Strand system. These wetlands require greater protection
measures than wetlands located in other portions of the urban
designated area and, therefore, the wetland protection standards set
forth in policy 625 shall apply to this area.
This area is generally identified as the area designated as
wetlands connected to Lake Trafford/Camp Keais Strand system on
the Immokalee Future Land Use Map and is located in the southwest
Immokalee urban designated area connected to the Lake
Trafford!Camp Keais system.
Within one year of the effective date of these amendments, the
county shall adopt land development regulations to determine the
process a9d specific circumstances when the provisions of policy 625
will apply.
We -- I had a meeting with the Environmental Advisory Council,
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EAC, LDC subcommittee, which was set up to review all the Compo
Plan related amendments due to Compo Plan changes which occurred
in May of last year, and one of those requirements is this one here.
What we did is we went to the Future Land Use Map, and I have
it on the visualizer, and it shows -- it identifies the area where the
system is.
You had questions at one of your meetings in relation to a
petition, which I believe was located in this area outside of that
boundary. This is the boundary that was adopted on the master plan
for Immokalee. I do have some other exhibits. I just want to explain
some of the differences which might have caused some of the
confusion.
If I can just back up here one minute. Just as -- point as a
reference, this would be Immokalee Road, and this would be -- this
line here, I believe, is Sanitation Road. And we -- can you see that
okay?
This is an exhibit produced by our technical staff, Mac Hatcher.
We wanted to get an idea of where the wetlands occur in the area, the
connected wetlands. And what he did is he did this diagram for me
showing, outlined in blue, green -- I don't know how it's showing up
on your screen -- the connected wetlands within the system.
And you can see there's a little bit of discrepancy there in relation
to the adopted line on the map. And, again, as a reference, there's
Sanitation Road right there and this is Immokalee Road. And the other
boundary ended right about here, and I'll put that up again.
See that? See it right here. So you can see there's a little bit of a
difference, so that might have been some of the confusion.
In addressing this amendment, staff is going to use the adopted
line as you see on the future -- the Immokalee Future Land Use Map.
If we were to adopt another line, it would have to be changed on the
Compo Plan and on the master plan here for Immokalee.
CHAIRMAN STRAIN: Paul, do you have that diagram that you
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used during the meeting in which you questioned this to begin with?
COMMISSIONER MIDNEY: Yeah. Now that diagram wasn't an
official map either. I've seen this map numerous times, but in
discussing this more than once, we've said that this map is not an exact
map of the wetland and that it would need to be ground-truthed.
And the first map that you showed, which showed the actual
wetland, is a more accurate picture of what the wetlands that are
associated with this area is.
And in the EAR-based amendment, when David Weeks was
presenting this, he said that what we were talking about was the areas
that were hydrologically related.
So I think that when we go through this and the Immokalee
master plan is considered, we need to look at the actual areas that are
hydrologically related to the slough. And the diagram that you showed
is really a very arbitrary cutoff, but it doesn't really make much sense
hydrologically.
And I think that on more than one occasion, when asked about
the dimensions of those maps, I was told that it's to hydrological
reality, and that also is what the EAR-based amendment was based on.
It doesn't reference any particular lines on the master plan, but they're
talking about the areas that are hydrologically connected to Lake
Trafford.
CHAIRMAN STRAIN: Okay. The last project that came
through, the concern was its relationship to this particular area. It
doesn't appear now as that project -- although it has got some wetlands
for sure on it -- is a wetland area. It doesn't appear though -- is it
connected to this slough at all?
COMMISSIONER MURRAY: No, it's not.
MR. LENBERGER: It is adjacent to the diagram you have on
your screen now, but not within the boundary identified on the Future
Land Use Map for Immokalee.
CHAIRMAN STRAIN: Okay. Is it adjacent or touching the
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green line that's on the map now?
MR. LENBERGER: I don't -- I just briefly talked with Susan
Mason earlier when I came in here, and she pointed about where it
was. From what she told me, it was right next to this boundary, but I
don't know for sure the exact lines.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MIDNEY: I think it's -- I think it's within this
area on this map, not the other map.
CHAIRMAN STRAIN: Okay. Have all the questions you asked
about the slough been resolved?
COMMISSIONER MIDNEY: Well, I think it's a work in
progress, and that's what, I think, you've come to report to us, that
you're going to be doing some research and refining the boundaries so
that they don't just refer to some arbitrary lines, but that they refer to
reality on the ground; is that not true?
MR. LENBERGER: I had spoken with David Weeks actually
yesterday about this topic, and right now we would be using the line
as shown on the Future Land Use Map for Immokalee.
If this board wanted to make or direct -- make a recommendation
to the Board of County Commissioners to have staff reevaluate that
line and address it through the Compo Plan amendment, which is
underway right now, then that would be up to you.
COMMISSIONER MIDNEY: How was that line -- who drew
that line? How was that line arrived at?
MR. LENBERGER: I spoke with Mac Hatcher about this topic,
and that was an older line that he didn't actually do, and I think he
didn't have the historic data on it, but after he came onboard he drew
those later lines. But that was an older version.
I do have a Lidar map that kind of shows it.
COMMISSIONER MIDNEY: That's prettier.
CHAIRMAN STRAIN: Mr. Murray, did you have something
you wanted to say?
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COMMISSIONER MURRAY: Yeah. I wanted to get
unconfused.
The flow that you showed us, the excerpt from the FLUM, is
what you're going to go by but it ends just, I think, before Immokalee
Road.
MR. LENBERGER: That's correct.
COMMISSIONER MURRAY: But we have an apparent -- what
is that, a slough?
MR. LENBERGER: Yes.
COMMISSIONER MURRAY: We have an apparent slough that
goes beyond that. Why did we end it? I may have missed that in the
course of your explanation, but I'm confused.
MR. LENBERGER: It was an older line established on the
Immokalee Future Land Use Map, and it hasn't changed. And I talked
to David. If anyone at the committee level when they met with the
community regarding this have any -- anybody wanted to change
those lines, and he said not that he could recall or was aware of.
COMMISSIONER MURRAY: Okay. So further then, the
Immokalee Area Master Plan is intending to use the map that's in the
FLUM, or intending to modify it with anything like this?
MR. LENBERGER: There's no intent now to change that line.
COMMISSIONER MURRAY: But that's a misrepresentation of
a natural flowway, isn't it, if we don't -- if we don't include it?
MR. LENBERGER: It appears that it doesn't encompass the
whole flowway, that's correct.
COMMISSIONER MURRAY: So, perhaps, from a planning
basis, perhaps this body might have an interest in bringing awareness
to it. I recognize there's some budgetary constraints, et cetera, but it
seems to me we should have a representation of a flowway that's real.
And if it -- if the boundaries, as indicated, are not even as real as Paul
says they need to be truth proven, then so be it. I mean, I recognize it's
a limitation in terms of staff time and all the rest of it, but that sure
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says a lot about the flow of water.
CHAIRMAN STRAIN: If -- with the time Mac Hatcher came on
-- he's been here quite a while, hasn't he?
MR. LENBERGER: Yes, he has.
CHAIRMAN STRAIN: Okay. If that diagram or that outline was
done before his time, it certainly was done with not as modern
technology as we have today. And what we're looking at right now is
pretty modern technology.
I think it would -- we would be remiss in not recommending that
the BCC consider updating the flowway master plan while they're
doing the Immokalee Area Master Plan as well, based on the fact we
have new and better technology and it's needed.
Is there anybody that would disagree with that? Why don't we
move that forward as a recommendation to the BCC? Is that
something you guys can do with the consensus you hear today, or do
you need another avenue to do it? Ray?
MR. BELLOWS: I believe that's a request the Planning
Commission has in its purview, and we'll--
CHAIRMAN STRAIN: I think it's important to note that the
Immokalee Area Master Plan is under consideration right now, it's not
been finalized. In fact, they seem to be making a career out of it. So
while they're at it, why don't we just throw this in, then they can make
their careers even longer.
COMMISSIONER VIGLIOTTI: Justify it.
CHAIRMAN STRAIN: Yeah. Now they can have justification
for the length of time they've been taking.
COMMISSIONER MURRAY: Making friends all over the place.
CHAIRMAN STRAIN: So why don't we just -- why don't we ask
this to be incorporated, then before they come out with a plan, this be
part of it?
MR. BELLOWS: I'll forward that to the comprehensive planning
department and make sure that --
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February 7, 2008
COMMISSIONER MURRAY: I would think we should make it
a recommendation to the board, not just simply to the comprehensive
planning organization.
MR. BELLOWS: Well, they're working on the Immokalee Area
Master Plan. It would be forwarding to the board any plan, but--
CHAIRMAN STRAIN: Well, here's what I don't want to see
happen is that this board makes a recommendation, you give it to
compo planning, and they say, well, that's just a CCPC. We're not
going to pay any attention to that because it didn't come from the
BCC.
So I think Mr. Murray's correct. Why don't we take that
recommendation you have from us, request the BCC to allow compo
planning to implement that as part of the Immokalee Area Master Plan
review? And then it's done officially and no one can question the
authority for it being done. We're simply recommending.
Is that an acceptable way to go? Okay. Anybody on the board
disagree? Then you have it by consensus so that should take care of it.
Thank you, Steve. Appreciate your time. Mr. Midney that was a
good catch. I think this needs to be updated and I think it's a good
thing we do it.
COMMISSIONER MIDNEY: If I could just make one final
comment. Right now the land is not developed, and Immokalee will be
a much better place, especially as Serenoa town comes in. If this
slough, which separates the two areas is developed -- is not developed,
or is kept in its natural state, it will make both Serenoa and Immokalee
better places to live when they finally are built out.
CHAIRMAN STRAIN: Based on what we've seen here, I would
highly agree with you. That's a good move.
Thank you, sir, for especially your patience today. It was a very
short meeting, but we're glad you stayed for the whole thing.
There's no public comment, so I guess I'll look for a motion to
adjourn.
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COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Made by Commissioner Adelstein,
seconded by Commissioner Murray. We are adjourned.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3 :24 p.m.
COLLIER COUNTY
PLANNING COMMISSION
&J~P~
Mark Strain, Chairman
These mh)utes approved by the Board on .5'~ ' 20 ~ 0 B , as presented
V or as corrected.
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICE, INC., BY CHERIE'
NOTTINGHAM and TERRI L. LEWIS, NOTARY PUBLIC.
Page 193
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Halas r;-
Henning ,
Coyle
Coletta
},,!-
.
RECEIVED 16 I 1 A :?
MAR 2 1 2008 January 16, 2008
Board of County Commissioners
NSCRIPT OF THE MEETING OF THE
ER COUNTY CONTRACTOR LICENSING BOARD
Naples, Florida January 16, 2008
LET IT BE REMEMBERED, that the Collier County Contractor
Licensing Board, in and for the County of Collier, having conducted
business herein, met on this date at 10:30 a.m. in REGULAR
SESSION in Community Development and Environmental Services,
Room 609/610, 2800 Horseshoe Drive, Naples, Florida, with the
following members present:
CHAIRMAN: Les Dickson
Syd Blum
Eric Guite'
Glenn Herriman
Lee Horn
Richard Joslin
Ann Keller
Michael Boyd (Absent)
ALSO PRESENT:
Robert Zackery, Assistant County Attorney
Patrick Neale, Attorney for the Board
Michael Ossorio, Contractor Licensing Supervisor Misc.COtM:
Tom Bartoe, Collier County Licensing & Compliance Officer Date: ,
Item #:J1J../ A 3
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January 16, 2008
CHAIRMAN DICKSON: I'd like to call to order the meeting of
the Collier County Contractor Licensing Board for January 16th,
2008.
I'd like to start with roll call to my right.
Mr. Herriman?
MR. HERRIMAN: Glen Herriman.
MR. BLUM: Sid Blum.
CHAIRMAN DICKSON: Les Dickson.
MR. JOSLIN: Richard Joslin.
MR. HORN: Lee Horn.
MR. GUITE': Eric Guite'.
MS. KELLER: Ann Keller.
CHAIRMAN DICKSON: Welcome, everyone.
And Mr. Bartoe, any additions or deletions to the minutes?
MR. BARTOE: Good morning. For the record, I'm Tom
Bartoe, Collier County Licensing Investigator.
One small addition. Under discussion, it says contractor
licensing forms. Staff wants to discuss the forms for -- that were
brought up a while back on unpaid citations.
MR. OSSORIO: Good morning, Mr. Chairman. For the record,
Mike Ossorio, Collier County Contractor Licensing Supervisor.
If we could move that contractor licensing forms and we can
have that at the end of the meeting, versus --
CHAIRMAN DICKSON: Forms?
MR.OSSORIO: If you wouldn't mind.
CHAIRMAN DICKSON: That would be fine.
Do I hear a motion to accept the agenda as amended?
MR. BLUM: So moved, Blum.
MR. JOSLIN: Second, Joslin.
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. BLUM: Aye.
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January 16,20&8
MR. JOSLIN: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
MS. KELLER: Aye.
CHAIRMAN DICKSON: Aye.
Minutes of the last meeting. If you've had time to review them.
I need a motion on that.
MR. BLUM: I actually read them all cover to cover for a
change.
I would move to accept, Blum.
MR. JOSLIN: Second, Joslin.
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. BLUM: Aye.
MR. JOSLIN: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
MS. KELLER: Aye.
CHAIRMAN DICKSON: Aye.
Iv10ving right along.
Peter Orifice?
MR. ORIFICE: Orifice.
CHAIRMAN DICKSON: Orifice. Kind of like the beach,
right? There you go.
Peter, if you would come up to this podium right here, I'll have
. .
you sworn In, SIr.
Repeat your name.
MR. ORIFICE: Peter Orifice.
(Speaker was duly sworn.)
CHAIRMAN DICKSON: You're here for just a discussion.
Apparently you have a question on the carpentry license?
MR. ORIFICE: Yes. First of all, let me just start off saying that
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January 16, 2008
I own a business here called Architectural Structures of Naples,
Incorporated. What I do is I build custom fences, trellises, arbors,
pergolas, and basically any type of architectural feature on an exterior
home.
And just to start off, 15 -- before I came here, I owned a business
in Massachusetts doing the same thing for 10 years, and I sold it to
come here.
When I came here, I got my fence contractor's license to
continue doing what I've been doing. I mainly work with landscape
architects doing the type of work I just explained to you.
CHAIRMAN DICKSON: Okay, we got the picture.
MR. ORIFICE: Okay. Sorry.
So then when I had the fence contractor's license, I wasn't able to
do the pergola structures. So I sat and talked with Paul B. I don't
remember his last name, he's retired now.
MR. OSSORIO: Paul Balzano.
MR. ORIFICE: Yes.
And we sat down. He said I needed a carpenter's license, which
I did proceed.
I just recently went to pull a permit and they told me that I'm not
allowed to do the pergola structure because there's a footer that was
required.
I guess my question is what can I do -- I'd love to be able to just
show you the pictures of what I've done and just, you know, let me --
give me an idea of what I need to do.
CHAIRMAN DICKSON: Well, you're here for a reason,
obviously.
County, you want to respond?
MR. OSSORIO: Yeah, Mr. Chairman. Peter came to us several
weeks ago. The City of Naples -- obviously we do the City of Naples
and Marco Island as well. The City of Naples had a question
pertaining to his business as pulling building permits. Carpentry
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January 16,2008
contractors are a specialty trade. They usually don't pull building
permits, especially for concrete.
And Mr. Neale, if you could maybe read the codified version of
what carpentry contractor, what the definition is. And that might shed
some light.
And when he's reading that definition of what a carpentry
contractor (sic), Peter will probably pass out what it entails.
MR. ORIFICE: Okay.
MR.OSSORIO: There's no doubt he's a craftsman. The
problem is is that when you have one or more --
CHAIRMAN DICKSON: No, no, no, you don't do that.
MR. ORIFICE: I'm sorry.
CHAIRMAN DICKSON: Back. You don't introduce -- oh,
you're going to pass out the -- I wasn't listening, I'm sorry. I thought
Peter just did that on his --
MR. OSSORIO: No, no, I asked him. This is --
CHAIRMAN DICKSON: Excuse me, excuse me.
MR. OSSORIO: -- under public discussion. And this is
something so you can help the licensing official make a determination
of --
CHAIRMAN DICKSON: Now go back.
MR. OSSORIO: Just drop the stuff off and they can --
CHAIRMAN DICKSON: Peter, everything has to be recorded,
okay? You can't just sit here and talk to us.
MR. OSSORIO: So the City of Naples had a question pertaining
to a carpentry contractor, this is a wood structure that has engineering
and it has footers. Technically when you have something like this it
usually falls under aluminum with concrete or concrete contractor.
More likely it's going to be a building contractor, residential or general
contractor, not a carpentry contractor.
With that, Mr. Neale, do you have the codified version?
MR. NEALE: I don't have the codified version, but I do have
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the standard version, and it's: Carpentry contractor requires 36
months' experience with a passing grade on an approved test and a
passing grade two-hour business and law test in products that people
who have the knowledge and skill to install any wood and metal
products, including but not limited to rough framing, wood,
structural, wood and metal non-structural trusses, sheathing, paneling,
trim, metal framing and cabinetry.
Placement of fire safing and fire stopping materials shall be
permitted on walls, ceiling and floor penetrations created within the
scope of work allowed by the section.
MR. OSSORIO: So this gentleman pulls a building permit for a
structure that requires a footer inspection, and he's going to be mixing
aggregate and subbing the work out.
I don't know if you do the work yourself --
MR. ORIFICE: No, I do it myself.
MR. OSSORIO: You do it yourself. Unfortunately I interpret
the code maybe a little more stringent than my predecessor Balzano.
The City of Naples wanted to have a clarification through the
licensing board --
CHAIRMAN DICKSON: Can we have that back this way?
MR.OSSORIO: -- so here we are today.
MS. KELLER: What about fences, fencing license? Isn't that a
kind of structure similar to a fence and as far as understanding the --
how the footings are put into the ground and --
MR.OSSORIO: There are no footers on a fence. I don't think it
requires engineering to --
MS. KELLER: You use cement, though, to --
MR. OSSORIO: It is, and you can argue that it's under $1,000
or inconsequential work.
But when you have engineering and you submit it to the building
department and it requires a footer inspection, you know, that -- I
think it rises to a level of not a carpentry contractor. I could be wrong
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January 16, 2008
..
though.
MR. JOSLIN: Wouldn't he be in the same pretense as ifhe was
to hire a subcontractor, masonry contractor that could actually pull a
permit and get a permit for the footer section, then he does the
carpentry work to finish it off'? Wouldn't he be legal then just to put
up all the wood?
These pillars that I'm looking at on these pictures, are you
capsulating, going around like a column or a cement column that
someone's already put up?
MR. ORIFICE: No, I install the columns.
MR. JOSLIN: You install the columns also.
MR. ORIFICE: The structural part is the pour that is inside of
the columns, which is generally a four-by-four or six-by-six, which is
specified in the engineered drawings. And then everything is tied with
Simpson ties, you know.
MR. JOSLIN: That would be the catch then, because that
would, I think, require a general contractor to allow that structure.
Because you're attaching it to a permanent structure, correct, a roof --
MR. ORIFICE: Correct. Not all the time, but sometimes, yes.
MR. JOSLIN: -- an arbor, posts, pillars, and it's tied to the
footer, correct?
MR. ORIFICE: Yes.
MR. JOSLIN: I think that would probably fall under a GC, then.
MR. ORIFICE: That's great, but how can I get a GC license
when I've been doing pergolas all my life?
MR. OSSORIO: When is the last time you pulled a building
permit?
MR. ORIFICE: I pulled a building permit, I believe it was in the
fall time for ajob that was approved, inspected, and this was before I
knew I wasn't allowed to do that.
CHAIRMAN DICKSON: For the benefit of those that haven't
seen the pictures -- I don't even know if we're being recorded today
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for -- I don't see a camera, so we're usually not. I have a real problem
with this. I'm really surprised that you thought you could build that
under a carpentry license.
Not only do we have footers but we have engineering that's
necessary for a wind uplift. This attaches to a house. The uplift is
probably the most crucial item in a hurricane, which would cause
severe -- could cause severe damage to the house or neighbors, if
those timbers start flying away. And if you have a carpentry license,
I'm shocked that you thought you could build this under a carpentry
license.
MR. ORIFICE: Paul told me. Paul B. told me. I sat with Paul
for an hour two years ago, and it took me a year-and-a-halfto get a
license.
CHAIRMAN DICKSON: Well, we don't have Paul here to
discuss that with.
MR. ORIFICE: I understand that, but I came here to ask what
type of license I need to do this type of work, and this is what he had
told me. And I've been doing this --
MR. BARTOE: We don't know if Paul Balzano had any ideas
there would be footers involved or not.
CHAIRMAN DICKSON: I've known Paul ever since he
worked -- the whole time he was here. If he saw those pictures, Paul
wouldn't say that. If he saw those pictures. He may have missed --
there may have been a communication problem.
The problem I have is we're not going to issue you a waiver or a
pass for this one particular job.
MR. ORIFICE: Well, the company's Architectural Structures,
this is what I want to do, this is what I've been doing.
CHAIRMAN DICKSON: If you're going to attach to houses
and need engineering for wind uplift and footings, you need a general
contractor or a residential or a building contractor.
MR. BARTOE: How about concrete form place and finish?
Page 8
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16l 1 A J
January 16,2008
CHAIRMAN DICKSON: I don't know the details of that one.
MR. JOSLIN: I don't think that would still fall under the
category of what he's wanting to do.
MR. ORIFICE: Wood structures. Wood structural is under
carpentry. That's a structural -- that's wood structural.
CHAIRMAN DICKSON: What I would suggest is you come by
and sit down with staff or read the licenses yourself. But carpentry
isn't going to cover this.
We can't make exceptions here. I don't know what you thought
we could do on this board, but we can't -- we cannot make exceptions.
We can't say yes, you can --
MR. ORIFICE: You tell me, what is wood structural then, under
the carpentry license? What does that mean? That's what it says
under the carpentry license, wood structural.
CHAIRMAN DICKSON: I don't know, why don't you read it.
MR. ORIFICE: I just did. I'm telling you its called wood
structural. What is that? Is that not a pergola?
CHAIRMAN DICKSON: If you have to have engineering and
footers, you're going to have to have one of those three building code
MR. ORIFICE: What if there are existing footers? I'm curious,
what if there's existing footers?
CHAIRMAN DICKSON: You're still going to have to have it,
because you're going to have to have a full building permit with
. .
engIneerIng.
Am I correct, Mr. Neale?
MR. NEALE: That would be my understanding, yeah. I mean,
what they -- again, it says rough framing, wood structural, wood and
metal, non-structural trusses, you know. I think that -- if there is a
requirement that there is engineering, it probably would require a GC
or at least a residential contractor.
MR. OSSORIO: Mr. Chairman, I think we should -- I think you
Page 9
Janl~lt 201A J
made your decision, I think the board did. And I will meet with this
gentleman and we'll go over and we'll give him the necessary
paperwork and we'll come to a conclusion.
CHAIRMAN DICKSON: There's just certain things that -- I
mean, I do roofing, I'm not a general contractor so I'm not sitting there
spiting you. But right now I have a general contractor working for me
because of structural issues on a roof tie down, which is outside of my
license. He is working on my permit.
MR. ORIFICE: I understand.
CHAIRMAN DICKSON: That's what you're --
MR. ORIFICE: My point is I've been doing this all my life and I
know how to do this.
CHAIRMAN DICKSON: Then you should pass the test real
quick.
MR. ORIFICE: That's correct. But how am I going to get my
references for general contracting or residential contractor where that's
MR. BLUM: The same way everybody else gets them. You've
got to do what you've got to do; follow the rules and regulations.
You're probably the most knowledgeable, comprehensive ability-wise,
the best guy we ever saw in here. Okay, fine, we all admit that. Now
do what you've got to do.
MR. ORIFICE: Thank you.
CHAIRMAN DICKSON: And the test is given every week.
MR.OSSORIO: The test is given every day.
CHAIRMAN DICKSON: Every day?
I don't think he mentioned references. References was not an
issue, was it?
MR.OSSORIO: References were not an issue. With those
photographs, I'm sure if he provides us with documentation from
Massachusetts that he's done this particular kind of work, I don't have
a problem with it.
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January 16, 2008
We might -- if it comes down to it, we can restrict it to that
category. If we don't have -- if he's taken a general contracting
license and he's passed and he can't show that he can build a
high-rise or a multi-family unit, he's only done this item, the code does
allow us to go ahead and restrict it to what he needs to do.
MR. BLUM: I wouldn't have a problem with that either, that'd
be fine.
MR. ORIFICE: That would be fine then.
MR. GUITE': It's a frustrating process, especially if you're
coming from another area, but it's just worth it in the end.
MR. ORIFICE: I understand.
CHAIRMAN DICKSON: Then you can do concrete and
everything, the whole ball of wax.
I wish you well.
MR. ORIFICE: Thank you.
CHAIRMAN DICKSON: New business.
Erik Bennett, are you present?
MR. BENNETT: Yes, sir.
CHAIRMAN DICKSON: If you would, sir, come up to that
same podium, state your name. I'll have you sworn in.
MR. BENNETT: My name is Erik Bennett.
(Speaker was duly sworn.)
CHAIRMAN DICKSON: I had to take a second look at you in
the picture.
Erik, I'm very familiar with Precision. I think that most
everyone in here is. Of course they have several license holders
already within the company, do they not?
MR. BENNETT: One other, yes, sir.
CHAIRMAN DICKSON: Just one other?
MR. BENNETT: Yes, sir.
CHAIRMAN DICKSON: What are you going to be, a
secondary?
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January 16,2008
MR. BENNETT: Yes, sir.
CHAIRMAN DICKSON: You're going to stay with Precision?
MR. BENNETT: Yes, sir.
CHAIRMAN DICKSON: So the only thing we're looking at is
your credit report, correct?
MR. BENNETT: Yes, sir.
CHAIRMAN DICKSON: Okay.
MR. BLUM: I'm a little confused. You're at this point an
employee of Precision?
MR. BENNETT: Yes, sir, ten-and-a-halfyears.
MR. BLUM: And now you want to become a principal?
MR. BENNETT: They just wanted me to have the roof license.
They want two, just in case something happens, I guess.
MR. BLUM: I see. So you'll be an alternative license holder for
Precision in the work that you're now doing?
MR. BENNETT: Yes, sir.
CHAIRMAN DICKSON: It's a secondary license, which I have
in my company as well. Everybody should have one, so that if
anything happens to the primary there's continuation of the company.
Anyone who's sitting in this room should have a secondary license
holder, if at all possible.
Question for, I guess, Mr. Neale.
MR. NEALE: Um-hum.
CHAIRMAN DICKSON: I work with Precision, and I have for
years and years and years. Ifhe's qualifying a secondary for
Precision, I'm not the least bit concerned about their credentials.
MR. NEALE: Well, and frankly, the primary thing that is to be
looked at, particularly in a business that's been in business for this
long, is the credit report of the business. If they were going to qualify
-- if he was to qualify a new business, the credit report of the business,
if it had been in business for over a year, would be the one to be
looked at.
Page 12
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January 16,2008
CHAIRMAN DICKSON: Of course then the second question is
he could quit tomorrow, go out and start his own company.
MR. NEALE: Yeah, and that is true that you're looking to do
that and you are giving him, you know, the ability to take his license
anywhere, frankly, if you approve the license.
MR. BENNETT: I have enough problems. I don't need any
more.
MR. NEALE: I mean, what you could do is issue a restrictive
license where he is -- its good when he's at Precision. Ifhe seeks to
qualify another company, then he'd have to come back in front of the
board.
"
CHAIRMAN DICKSON: Come back and look at your credit
then?
MR. BENNETT: That's fine. I don't plan on going anywhere.
MS. KELLER: But it's kind of defeating the whole purpose of
having someone with a license holder in the company. They're
supposed to be a financial responsibility of that person and
overlooking the financial affairs of that company. And so, you know,
you can play the game and say, well, we need to have somebody else
on there, but in the end it kind of defeats the purpose of what it's for.
MR. NEALE: Except that the financial test is the test of both
the license holder and the company. But when you're looking at a
qualification, you know, you look to the company's financial strength.
MS. KELLER: Right, but the person who's holding, the permit
holder is the one that is personally responsible for the finances of the
company. So he's already coming to us with some problems, and to--
I mean, you are attesting that their credit's good and it looks good, but
CHAIRMAN DICKSON: A secondary qualifier will not ever
sign for a permit. He won't pull a permit.
MR. BLUM: Whoa, whoa, whoa. He won't now, but he may.
MR.OSSORIO: First of all, this is a specialty. He's never
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January 16, 2008
going to pull a building permit. But I don't know if the code -- maybe
you're mixing the State Statute 489 and our licensing ordinance. We
don't have a secondary qualifier. This gentleman's going to be just as
much responsible as the first party. Equal share.
So there is no, well, you have to go to this gentleman first and
then come to me. He's going to be responsible, if you issue a license
for him today, equal as the one I issued to the gentleman a couple of
weeks ago.
CHAIRMAN DICKSON: And you're completely correct and
I'm completely wrong, because I was mixing up State 489. But this
isn't a state qualification, it's county only.
MR. JOSLIN: So there is no what would be considered like a
primary or a secondary qualifier of this particular --
MR. OSSORIO: This application should stand on its merit only.
The other qualifier really has no bearing on what we're talking about
today. It's nice, it's table talk, but this application should stand on its
own.
MR. BLUM: Do you envision a time in the near future where a
lot of this can be resolved? Are you actively working to resolve these
things?
I'm looking at the questions and answers for the problems, and
quite frankly, some of them look like you're just kind of waiting for --
just my impression, that you're just letting time go by and some of this
stuff will go away like a lot of them have gone away. And that's one
way of doing it.
MR. BENNETT: No, sir, I want to get my credit together. And
I am currently working on it right now. I'm current on all my bills and
I am working on paying off all my creditors. I do want to buy a house
one day, I have a family of six, so I'm not just trying to let it go away.
I am working on trying to take care of it.
MR. BLUM: This is about as unpleasant a report as we've seen.
MR. JOSLIN: Well, it's unpleasant in a sense, but in another
Page 14
Jal~ 116, Jot 3
sense we're not talking about thousands and thousands of dollars either
here.
MS. KELLER: No, it's not.
MR. BLUM: No, it's relatively small amounts.
MR. JOSLIN: I would be more prompt (sic) to maybe put him
on a restriction for the moment, for a six-month restriction where staff
can monitor to verify that he is making payments on these accounts
and they are being reduced.
MR. BLUM: Do you have a total that all of this adds up to that
you could clean up?
MR. BENNETT: I believe it's just over 6,000 as far as --
MR. BLUM: $6,000?
MR. BENNETT: Yes, sir.
MR. BLUM: How long do you think it will take you to clean it
up?
MR. BENNETT: I'm trying to do it within a year.
MR. BLUM: Within a year.
MR. OSSORIO: When you look at a credit report and you look
at medical, the licensing -- Tom and I don't actually take too much
stock in medical bills, per se. That is an unforeseen accident and that
happens in this day and age.
What we do look at is his other bills, you know, his phone bill,
electric bill. And so I don't think its $6,000, I think it's a couple
hundred dollars, myself. I mean, if you owe it, you need to pay it.
And that goes on principle. If you owe a bill, you should pay it or
have something in writing that you want to contest it, not just say that
yeah, I don't agree with it.
MS. KELLER: Many of the medical bills, if you don't have
insurance, can be negotiated lower as well.
MR. BENNETT: Really?
MS. KELLER: Yeah. So you need to address that. Because
there is some obligation to pay those as well. I don't agree with you
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January 16, 2008
on that, Mike.
But you do -- but there is the ability to negotiate what you can
do and how you can do it, so --
MR. BENNETT: Okay.
MR. JOSLIN: I'll make a motion, if there's nobody else wants to
say anything.
(No response.)
MR. JOSLIN: I'll make a motion that we approve the
application, providing he's on a six-month probationary period, in
which after the six -month period he will provide to staff a record of
payments that have been made on these accounts and which ones have
been paid off, which ones are still outstanding, and which ones you
are currently at that time making payments on.
And if it's not within staffs acceptance, then the license will be
canceled.
MR. BENNETT: Okay.
MR. BLUM: Discussion?
CHAIRMAN DICKSON: I need a second first.
MS. KELLER: Second, Keller.
CHAIRMAN DICKSON: Discussion?
MR. BLUM: I'd feel a little bit better if it was a year instead of
six months, based on his own feelings. I'd like to give him a year to
clean things up.
I'd like to see him come back here in a year or less and say, hey,
six grand went away, even though the Equifax number might not have
gone up so fast like you'd like it to, at least the debts are gone. And it
is a relatively small amount.
MR. JOSLIN: I would be willing to amend the motion then to
go for the year probation, but I would still want to see a six-month
history .
MR. BLUM: Yeah, absolutely.
CHAIRMAN DICKSON: Is that your amendment?
Page 16
Jl~ 16, 21gA 3
MR. JOSLIN: Yes.
CHAIRMAN DICKSON: Do you second that?
MS. KELLER: I do second that.
MR. HORN: Question, shall we consider restricting it to this
employer only?
MR. JOSLIN: I think ifhe cleans up his act within the year's
time, I think he's entitled to have the license then permanently.
CHAIRMAN DICKSON: I don't think he's going anywhere.
MR. JOSLIN: I don't think so.
MR. BLUM: Yeah, but he's a young guy, he's got a growing
family. Who knows, he may be in business for himself a year from
now.
CHAIRMAN DICKSON: Not in this economy.
MR. JOSLIN: By the letter, he's already been through a lot as it
.
IS, so --
CHAIRMAN DICKSON: It's not the time to start a new
business.
MR. BENNETT: I know that for a fact.
CHAIRMAN DICKSON: I feel comfortable with that, if you
guys do. You all want to stay with that? Anymore discussion?
(No response.)
CHAIRMAN DICKSON: I have a motion amended and a
second. All those in favor?
MR. HERRIMAN: Aye.
MR. BLUM: Aye.
MR. JOSLIN: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
MS. KELLER: Aye.
CHAIRMAN DICKSON: Aye.
Opposed?
(No response.)
Page 1 7
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January 16, 2008
CHAIRMAN DICKSON: You got it.
MR. BENNETT: Thank you, sir.
CHAIRMAN DICKSON: Now, for you and everyone else that's
here, even though Maggie is across the hall in contractor licensing, all
of your paperwork is in here, so don't go over there today. Once this
meeting is finished, they'll have all your paperwork and you can get
things done.
So tomorrow would be the day to come. Do well.
MR. BENNETT: Thank you.
CHAIRMAN DICKSON: Mr. Costa?
MR. COSTA: Yes.
CHAIRMAN DICKSON: Are you present, sir? If you would,
come up.
Erik, if you want, you're finished, you can go. We won't talk
anymore about you.
Mr. Costa, if you would, state your name and I'll have you sworn
.
In.
MR. COSTA: My name is Luis Costa.
(Speaker was duly sworn.)
CHAIRMAN DICKSON: You're wanting to qualify a second
entity?
MR. COSTA: Yep.
CHAIRMAN DICKSON: And if you would, tell us why and
what you're doing.
MR. COSTA: I do Italian marble installation and I want to
qualify the second business because me and my wife work together.
And we get a decision she has to get a business and I have to get my
own business. We still working together.
CHAIRMAN DICKSON: I didn't understand. You and your
wife work together and--
MR. COSTA: Me and my wife work together with Colorado
Tile, it's the first company in my name. I got a company qualified
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January 16, 2008
now, they call Colorado Tile. And I want to qualify the second one
because my wife is going to take some more work in Naples; try get
some more work in Naples and work in Lee County. I'm qualifying
Lee County too.
We decided to work separately, but I have to qualify the second
business for her and for me. You got it? We don't want to work
together in the same company . We still live together, we still work
together, but in different business. She want to get her business and I
want to get my business, Colorado Tile, still the same. You got it?
CHAIRMAN DICKSON: Got it.
MR. BLUM: I appreciate that explanation, but now I've got
concerns that were raised because of the explanation. Everybody feel
the same way here?
MR. JOSLIN: Yeah.
MR. BLUM: Ifhe's going to run his own business in Lee
County, who's left to mind the store in Collier under the business that
he's qualifying, he's got nothing to do with it anymore?
CHAIRMAN DICKSON: Let me ask Mr. Neale.
MS. KELLER: He does, he owns 20 percent of it.
CHAIRMAN DICKSON: Is it our position to question why?
MR. NEALE: Why he wants to do it?
CHAIRMAN DICKSON: On a second entity.
MR. NEALE: Not really. I mean, as long as there's nothing
terribly nefarious about it, as long as he is going to perform the duties
of a contractor on the second entity and take responsibility for it.
CHAIRMAN DICKSON: It's always been my understanding a
contractor in good standing has a right to qualify a second entity, as
long as it meets certain guidelines. And his actual reasons for doing it
are not ours to question. Am I correct?
MR. NEALE: Essentially. As long as he's not selling his
license, per se.
MR. BLUM: But he's basically saying he's really not going to
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January 16, 2008
be involved in the wife's business anymore, in the actual business that
the wife has. That does raise questions for me.
CHAIRMAN DICKSON: Go ahead, Mr. Costa.
MR. COSTA: Okay, I said we're not going to be involved, but
this is between me and her. We still live together, we live at the same
house, but she wants to handle her own business, and I want to handle
my own business. Because this involves a lot of things, it involves a
bank, it involves a decision.
And we have to start a new business anyway, because now
everything is dead in construction, but it's not going to be like that.
We're prepping for the next year, for the couple of years, they going
to be busy.
It's time now to get some experience, to try to start something
new. Because I want to be prepared when the other situation, the
business growing up again, I will be prepared, and her too, the same,
experience, stuff like that. I will be with her.
But between me and her, we are separate business. She got her
company, I got my company. But we're still together. It's something,
something very personal.
MR. BLUM: How many employees does the original company
now have?
MR. COSTA: Well, I got only two employees this moment,
because we don't have nothing going on. If I hire more employee, I
have to increase the workers compensation, I have to increase our
cover for insurance for the cars. We try to avoid spend some money
now, because we don't need -- we really don't need more employee
right at this moment.
I want to get all my paperwork ready, the company ready for so
when we get business, if we get us some contract we'll have to be
ready for it.
CHAIRMAN DICKSON: The other thing I can see here, and I
don't have a problem with that, and, you know, I wish you well. But
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January 16, 2008
Rosalina has no credit because she's never been in a position to have
credit. That's why there's no records on her.
He's fully responsible, he takes full responsibility for her.
MR. COSTA: Yeah.
CHAIRMAN DICKSON: I don't have an issue with it, because
everything else on his report is clean.
MR. HERRIMAN: Question: Is he the only or that can sign the
permit for the new company, or will she be able to?
CHAIRMAN DICKSON: They don't do permits.
MS. KELLER: It says they both have check writing privileges
in their accounts.
MR. JOSLIN: Tile and marble doesn't require a permit.
MR. HERRIMAN: Just a financial responsibility.
MR. OSSORIO: Let me answer that question, though, in a '
broad sense. This is a specialty contractor so no permits required.
However, if he is a major trade, the residential contractor or electrical,
and needs to acquire a building permit, the qualifier is going to sign
that permit application on both entities. Just to clarify that for you.
MR. JOSLIN: Does staffhave any thoughts or any problems
with the first company, Colorado?
MR. OSSORIO: No.
CHAIRMAN DICI(SON: And here is a company, they've got
full liability insurance, they even have workers' compo He's not
exempt. The guy's operating aboveboard.
MR. GUITE': Detailed Flooring hasn't applied for their federal
employer's identification number.
MR. JOSLIN: There was a --
MR. HERRIMAN: He has or has not? Has not.
MS. KELLER: Probably because it hasn't been approved yet,
right?
CHAIRMAN DICKSON: Yeah, be sure you talk into these
mICS, guys.
Page 21
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1611A1
January 16, 2008
MR. JOSLIN: I think the company is aboveboard.
I will make a motion that we approve the packet.
MR. BLUM: Second, Blum.
CHAIRMAN DICKSON: Discussion?
(No response.)
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. BLUM: Aye.
MR. JOSLIN: Aye.
MR. HORN: Aye.
MS. KELLER: Aye.
CHAIRMAN DICKSON: Aye.
Opposed?
MR. GUITE': Aye.
CHAIRMAN DICKSON: One opposed.
You got it.
MR. COSTA: Thank you.
CHAIRMAN DICKSON: So I wish you well. You heard what
I said about Maggie, come finalize it tomorrow. Wish you well.
MR. COSTA: I will.
CHAIRMAN DICKSON: Mr. Jones? Grant Jones, are you
present?
MR. JONES: Yes.
CHAIRMAN DICKSON: Come on down.
If you would, state your name and I'll have you sworn in.
MR. JONES: Grant Jones.
(Speaker was duly sworn.)
CHAIRMAN DICKSON: You got a ticket and you're not happy
about it.
MR. JONES: No, sir.
CHAIRMAN DICKSON: Tell us why.
MR. JONES: When I got the ticket, I was just -- the homeowner
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January 16,2008 :3
wasn't home and I was just covering all the stuff and getting it -- you
know, there was a storm coming, I think it was just after Christmas, I
believe, and we had a cold front come in. So I had a guy pull up and
he said that I was working without a permit. But I was working with
the homeowner, he just didn't happen to be home at that time when I
was up on the roof.
So they gave me a $300 ticket. And I don't think that I should --
CHAIRMAN DICKSON: What kind of chimney is it?
MR. JONES: It's an existing chimney.
CHAIRMAN DICKSON: Structure. Wood or brick?
MR. JONES: Yeah, it's wood.
CHAIRMAN DICKSON: Okay, so it was just down.
MR. JONES: Yeah, it blew down in a hurricane, so it was just
being rebuilt.
MS. KELLER: Did they have an owner-builder permit pulled?
MR. JONES: Well, he's trying to get one right now.
CHAIRMAN DICKSON: Does a chimney require a permit?
MR. JONES: Well, he didn't think that it did. So that's kind of
the whole problem here.
CHAIRMAN DICKSON: I'm asking the county.
MR.OSSORIO: There's two issues: One, the city of the
Naples, the building official says yes, it requires a building permit, so
we don't ask that question.
The second thing is that he did not get a citation for no building
permit, he got a citation for being a carpentry contractor.
Obviously he stated on the record that he was on the roof. Well,
Mr. Grant, what were you doing on the roof'?
MR. JONES: Mr. Jones.
MR. OSSORIO: Mr. Jones.
MR. JONES: I was covering the -- making sure nothing got wet
until he got home. He didn't get home until the next day. So the
storm was coming, the weather was coming, and we had high winds
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January 16, 2008
and I was worried about, you know, things getting wet, so--
MR.OSSORIO: What kind of license do you have now?
MR. JONES: I just have a -- just the regular -- I don't really -- I
don't have a building license.
MR. OSSORIO: Do you have a business tax license?
MR. JONES: No. No, I took the business and law test, but I
failed. So I didn't retake --
MR. JOSLIN: So at this moment you have no license under
your belt at all?
MR. JONES: No. Well, I do have a license, but it's just an
occupational --
CHAIRMAN DICKSON: That's not a license.
MR. JONES: Right.
MR. OSSORIO: Mr. Chairman, if it pleases the board, can we
have Ian Jackson sworn in too as well?
CHAIRMAN DICKSON: Well, hang on. At this point we kind
of answered all our questions.
MR. JONES: This wasn't -- I'm sorry.
CHAIRMAN DICKSON: Ifhe had a carpentry license, I was
going to take issue with the citation. The problem is, you don't have a
license.
MR. JONES: Right. But I wasn't working, sir. I wasn't up there
working.
CHAIRMAN DICKSON: Yes, you were.
MR. JONES: Well, I wasn't.
CHAIRMAN DICKSON: You were on the roofperforming for
the owner. And even if the owner had an owner-builder permit, you
can't work for him.
MR. JONES: He was under the impression that he didn't need a
permit because it was a chimney being rebuilt, it was a rebuilt
structure.
CHAIRMAN DICKSON: But my point is, you're not licensed,
Page 24
JJu?ry' 16, ~o~ 3
you're not insured. That whole issue is the protection of the
homeowner. Because if you fall off that roof and get hurt, you can
end up owning that house.
Mr. Homeowner, you can sit down.
MR. JONES: I mean, I wasn't -- I understand that I don't have
the license to do it, but I wasn't using the license for it, it was just a
homeowner-builder. You know, if we even needed permit. So he
was up there helping me --
MR. HORN: It's not the issue of a permit; it's not theissue of
being at this moment unlicensed. It's the fact that we have a letter here
in front of us from you that says that you were on that roof while
covering your tools with a tarp, and to protect the chimney . We have
been rebuilding the chimney.
In other words, you're admitting that you were doing work on
that roof.
MR. JONES: No, I said that in the past that we were rebuilding.
Not at that time, not when I was issued the citation.
MR. JOSLIN: Well, "we have been" is a pretty broad statement.
When you say we have been, that could have been today, could have
been yesterday, it could have been a year ago.
MR. JONES: That's my point. The citation was for working
without a license that day. I wasn't up there working is my point.
MS. KELLER: But you just told us you had been rebuilding, so
you have been --
CHAIRMAN DICKSON: And you signed a letter that said you
had.
MR. JONES: With the homeowner. But there's no law against
that.
MR. GUITE': Are you getting paid?
MR. JOSLIN: I would like to hear from, was it Ian? Just to hear
his comments.
CHAIRMAN DICKSON: Okay. Ian, if you would, come over
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January 16, 2008
to this other podium.
MR. OSSORIO: Mr. Chairman, I just want to clarify, while Ian
is getting sworn in, is that this is what our job is. We do the
investigation. We did not witness it, but obviously from his
testimony, that he did do the work. So there's probable cause to issue
the citation.
CHAIRMAN DICKSON: Ian, if you would, state your name
and I'll have you sworn in.
MR. JACKSON: Ian Jackson, licensing officer for Collier
County.
(Speaker was duly sworn.)
MR. JOSLIN: Ian, could you tell us what actually transpired
when you stopped at this home and saw this gentleman working on the
house?
MR. JACKSON: Yes, I received a call from Tom Marinino,
who works for the City of Naples building department regarding this
chimney that was being built. He asked me to come out and take a
look and give my assessment of the situation.
Mr. Jones was on the roof when I arrived. Mr. Jones came off of
the roof. I observed the chimney under construction. Whether it was
being rebuilt or built, that I'm not sure of.
From what I understand, the day before the work was stopped by
the City of Naples for not having a building permit, which is why I'm
under the impression Mr. Jones was covering up, because work had
stopped until his building permit was issued.
I asked Mr. Jones ifhe built the chimney. He said he did build
the chimney.
Looking in the county system, I see there is a business tax
receipt for the maintenance service or handyman business of Mr.
Jones where he signs an affidavit stating he's not going to do this type
of work. Based on that, I issued the citation.
MR. OSSORIO: Mr. Chairman, for the record, Mike Ossorio.
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january 16,2008
Can we -- we have some information here. Can we put this in
evidence as Exhibit number A?
CHAIRMAN DICKSON: Yeah, if you would so mark that.
THE COURT REPORTER: Mr. Dickson, do you need to mark
that?
CHAIRMAN DICKSON: We don't really need to mark it, but if
you'll just note it, because it's not a case that we're going to keep on
file.
MR. JOSLIN: I'll make a motion that we accept this packet
from Collier County tax collector, via Mike Ossorio, into evidence
against Mr. Grant Jones.
CHAIRMAN DICKSON: Do I hear a second?
MR. BLUM: Second, Blum.
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. BLUM: Aye.
MR. JOSLIN: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
MS. KELLER: Aye.
CHAIRMAN DICKSON: Aye.
Did Mr. Jones -- did he get a copy?
MR. JONES: That was like a year ago.
CHAIRMAN DICKSON: Go ahead, Mr. Ossorio.
MR. OSSORIO: I have no other questions other than you need
to review the packet, Exhibit No. A, and maybe Ian Jackson can go
through it with you.
Mr. Jones got a citation before, and obviously it's not paid either.
So this would be the second citation he received.
MR. JONES: I was told that when I retake the test, which I do
plan on doing, that I could pay for it then. I haven't been working
lately because there's not much work out there, so I haven't even been
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January 16, 2008
using my license that I got; the handyman's license I haven't even
used. I haven't worked in like six months, so --
MR. BLUM: Jones Custom Carpentry, is that you?
MR. JONES: No. It was going to be. See, when I made those
fliers and when I made those cards was after I had taken my test and I
was under the impression that I passed. I jumped the gun because I
wanted to get a head start. So it was a dumb thing to do, and I was
under the impression that -- I thought I passed the test, but apparently I
. didn't.
MR. BLUM: I'm glad you said it was a dumb thing to do so I
didn't have to.
MR. JONES: And I would never do it again.
MR. BLUM: Twenty-two year's experience, licensed and
insured.
MR. JONES: I was going to be insured.
MR. BLUM: That transcends dumb, I think.
I'm ready to make a motion here.
CHAIRMAN DICKSON: Make it.
MR. BLUM: I make a motion that this citation stands, that Mr.
Jones be compelled and asked to pay it. Ifhe does not pay it, all due
recourse should be taken.
When and if he passes his test, if this has not been paid his
license should not be issued. And I would constrain him from putting
out any kind of information along the lines of what I'm seeing here,
because that's just blatant fraud.
MR. JONES: Yes, sir, Mr. Blum, that was -- like I said, that was
about a year ago. And that was -- you know, I don't even -- I didn't
realize that it was such a --
MR. BLUM: You thought you passed --
MR. JONES: -- such a big offense.
CHAIRMAN DICKSON: Okay, that's enough.
I've got a motion. Do I have a second?
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January 16, 2008
MR. GUITE': I'll second.
MR. JOSLIN: What about the second ticket that's not paid yet?
MR. BLUM: There's two citations?
MR. JONES: Yeah, that's why we're here because of this --
MR. JOSLIN: On the packet that we have it was just turned in
as evidence that he got a ticket for doing basically the same thing for
the first citation.
MR. BLUM: And that one hasn't been paid either.
MR. NEALE: No, he signed a cease and desist order in
coordination with that first ticket. And I would opine that he was
probably in violation of that cease and desist order when he got his
second one.
Now, the board does have, you know, the -- if they find him in
violation and find this ticket to be valid -- find the citation to be valid,
you have the option of imposing the fine, at minimum the fine on the
face of the ticket and up to $1,000 per violation.
MR. JOSLIN: For the second ticket but not the first one?
MR. NEALE: It would be my opinion that that first ticket has
been reopened, even though he had signed the cease and desist order,
because he violated the cease and desist order.
So it would be my opinion that both tickets are currently on the
table for the board to review.
MR. BLUM: Well, since that isn't -- my feeling would be that
that's a separate issue to be taken up. I will amend my motion to
include a one-year probation when and ifhe gets his license as well.
So pay the fine, get the license, don't pay fine, you don't get the
license. And if everything works out wonderful, you're still on
probation for a year. That's my motion.
MR. JOSLIN: Of the one ticket or both tickets?
MR. BLUM: Both.
MR. JOSLIN: Both tickets?
MR. BLUM: Both, absolutely.
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January 16,2008
MR. GUITE': So he has to pay both tickets?
MR. BLUM: Absolutely.
MR. JOSLIN: He pays both tickets and he's on probation still
for a year with this license that he has.
CHAIRMAN DICKSON: Ifhe gets the license -- yeah--
MR. JOSLIN: Passes the test, whatever.
That motion I'll second.
CHAIRMAN DICKSON: Discussion?
(No response.)
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. BLUM: Aye.
MR. JOSLIN: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
MS. KELLER: Aye.
CHAIRMAN DICKSON: Aye.
Opposed?
(No response.)
CHAIRMAN DICKSON: Mr. Jones, pay your citations. Quit
working as a licensed contractor, please. It's only going to get worse.
MR. JOSLIN: Do you read those signs that are along the side of
the road when you're driving down the road in Collier County that
says contracting without a license is a felony? This is your second
offense. Next time won't be good.
MR. BLUM: Mr. Neale, could you just quickly outline the
penalties for working as a unlicensed contractor, should we go that
way?
CHAIRMAN DICKSON: Too many people talking.
MR. NEALE: Ifhe's working as an unlicensed contractor,
certainly there are penalties outside of 489. But the minimum
penalties are on these violations he can also be prosecuted, I believe
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January 16,2008
criminally, for misrepresenting himself as an unlicensed contractor.
MR. OSSORIO: Mr. Chairman, just to clarify the same
guidelines. We have a policy in the building department that the first
offense 300, second offense 500, third offense, we bring it down the
street to the economics crime unit. State Statute 489, Section 1, I
believe, it is a misdemeanor. And we prosecute in the circuit court.
So Mr. Neale's right on target.
MR. BLUM: It's serious stuff. We're trying to give you a real
head's up here. This is serious stuff.
UNIDENTIFIED SPEAKER: May I say something?
CHAIRMAN DICKSON: Who are you?
UNIDENTIFIED SPEAKER: I'm the homeowner.
MR. JONES: He's the homeowner, a friend of the family.
So I mean, I wasn't even working as a contractor, that's why I
don't understand why I'm being charged for working without a license.
I wasn't even using my license. I was doing it with the homeowner.
CHAIRMAN DICKSON: Let me state this one more time.
Mr. Homeowner, no, we're not going to hear you.
UNIDENTIFIED SPEAKER: I don't think that's fair, sir.
CHAIRMAN DICKSON: That's fine.
I have a signed letter that he was rebuilding the chimney,
covering his tools. He's done it before. The issue is over with. Pay
your fines, don't do it again. Case is closed. We've already dealt with
it.
MS. KELLER: I'd consider--
CHAIRMAN DICKSON: If you want to make an appeal, there
is an appeal -- whoa, whoa, whoa, whoa, one at a -- if you want to
make appeals, there are appeals procedures.
MR. JONES: Okay.
CHAIRMAN DICKSON: Okay? And you can talk to the
county attorney about that. Thank you.
MR. JONES: So how much am I being charged now? How
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January 16, 2008
much is the fine?
CHAIRMAN DICKSON: Pay both of them.
MR. JONES: Okay.
CHAIRMAN DICKSON: Face value.
MR. JOSLIN: $600, I believe the total is. Two $300 fines.
CHAIRMAN DICKSON: Oh, gosh, I don't even -- Mr. -- I'm
going to really try to do this --
MR. BLUM: Guidicelli.
CHAIRMAN DICKSON: Guidicelli? Good morning, sir.
MR. GUIDICELLI: Good morning.
CHAIRMAN DICKSON: If you would, state your name and I'll
have you sworn in.
MR. GUIDICELLI: Rigoberto Guidicelli.
CHAIRMAN DICKSON: That sounds good when you say it.
(Speaker was duly sworn.)
CHAIRMAN DICKSON: You probably feel real good about
this after that.
MR. GUIDICELLI: I just want to pay my fine and get out of
here. I think all contractors should be here and go through this
process, that way they can see how serious this really is.
I'm here because I did get a fine for $300 for -- benefit of the
doubt, I was pruning a coconut tree. And the gentleman, the inspector
-- very nice person, by the way. I hope all the employees or inspectors
are like that, Mr. Alan Kennette, advised me that that was considered
tree service. It was only one palm tree, we were cutting the dead
branches and the dead coconuts.
The reason we were there is because the dry coconuts were
falling on the dealer, a car dealer. That's the reason we were really
there. There was one that seemed to be alive, sort of dead, that was
cut. So that was considered tree service.
So there's a little benefit of the doubt there that I see from my
point of view. Basically I'm asking for a -- well, he doesn't have --
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January 16, 2008
from what I understand, he has either yea or nay, either give me the
fine or don't give me the fine, there's no warning citation, as far as I
understand. Is that the case? Is that true?
CHAIRMAN DICKSON: I guess so. I've never seen a warning,
no.
MR. GUIDICELLI: Okay, so there's no warning sign. I wish, if
you can in the future, maybe give him the opportunity to give a
warning sign, that would be something that would save us maybe
some time.
But being that there wasn't at that time, I'm here to see if, based
on the benefit of the doubt, Murphy's Law, to just see if you guys can
CHAIRMAN DICKSON: What is your license?
MR. GUIDICELLI: My license is occupational, because all I do
is lawns. That's it, cut lawns. So I don't require any other licenses. I
do have -- if I may, I do have Workmen's Comp, liability, my payroll,
which covers the employees that I have to do what I do. So I don't go
there.
And on top of that, so there won't be any doubts in the future, I
did apply for the licenses of tree service, just in case. So I have both
receipts here of it. And I'm in the middle of taking the test now, I
think, on the 12th of February.
CHAIRMAN DICKSON: Question for the county. Are we
saying that the lawn service people can't cut down a dead palm frond?
MR. GUIDICELLI: If I may, can I --
CHAIRMAN DICKSON: Let me goto county first.
MR.OSSORIO: If you -- talking about hypothet-- I have no
idea. Mr. Kennette was out there, maybe he can testify what he did
observe.
I t has been common practice that if a lawn maintenance person
is cutting grass and palm fronds hit him in the head, then he can take a
little, not an electric saw but a pole saw and just take it down for the
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January 16,2008
homeowner. Because obviously the definition of contractor is you
have to be getting paid for services or he has to appear to be paid for
.
serVIces.
So with that said, that's something that -- that's what they're out
in the field to do, that's what the investigators or officers do, they do
the investigation.
And I wasn't out there, so if you want to hear testimony of what
occurred out there, then Alan Kennette's here, he can answer those
questions for you.
But if it's one tree and you're cutting the grass and it's hitting you
in the head and you take it down because of safety reasons, I have no
problem with that. And I will probably -- if the gentleman came to my
office, I probably would void that ticket out under the statute that I
have the authority to do so that it was issued in error. But I have no
idea what was out there in this case.
MR. JOSLIN: Let's hear Mr. Kennette.
CHAIRMAN DICKSON: You wanted to say something?
MR. GUIDICELLI: Yeah, it is higher, it was not hitting me in
the face, from what I understand, talking to Mr. -- is it Kinneth? Did I
pronounce that right? You pronounce it differently, Kenneth?
MR. OSSORIO: No, I'm not Alan Kennette --
MR. GUIDICELLI: No, but how do you pronounce it.
Kennette?
MR. OSSORIO: It's Kennette.
MR. GUIDICELLI: He explained to me that I could cut the dry
as far as I can reach them, but not the live ones.
The other mistake that my guys made was that they had a chain
saw there. Not that they were using it on the tree, because they cut it
down so it won't create so much bulk for the truck. So I think that's
where the doubt was, just to clarify a little bit.
CHAIRMAN DICKSON: Mr. Kennette, you want to come up?
Go over to that other podium. Just kind of put it together.
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January 16, 2008
State your name, I'll have you sworn in.
MR. KENNETTE: My name's Alan Kennette.
K-E-N-N-E-T-T-E. I work for contractor licensing, field investigator.
(Speaker was duly sworn.)
MR. KENNETTE: What I observed was, I was riding by the
dealership, there was about an eight-foot ladder up against a palm tree
with a dump truck sitting alongside of it, or a pickup truck. The
gentleman was up on the ladder with a chain saw, he was removing
some palm fronds.
The -- there were some dead ones, but the one that were on the
ground were all live. He was, like, trimming it up and the coconut
palms were being removed.
When I stopped and walked over, he was still shaping that palm
tree. I told him to stop, asked where the boss, the owner of the
company was, which the gentleman was there. I went over and talked
to him about it, that, you know, I don't have a problem with him
removing the dead palm fronds and some of the coconuts that were
falling on the car, because he said the dealership asked him as a favor
to go ahead and go up there and trim that off.
And I said well, you do need a license to be up there, especially
with the gentleman up on the ladder with a chain saw in his hand
trimming that palm tree up.
He said, well, I thought they were using it to cut down below. I
said, well, they probably were, but when I observed, they were cutting
the palm tree itself, and that definitely needs to have a tree trimming
license, which I said he'd have to stop trimming it.
And he said he was only doing that one. But there were three
other ones besides that one. Now, I don't know if I caught him when
they were just starting to do it or that was the only one they were
doing.
I didn't pursue it with the dealership because I didn't want to
make an issue with the dealership to get him in trouble and then they
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January 16, 2008
wouldn't probably use his service or anything. So I just explained to
him what he needed and issued him a citation for doing tree trimming
work, as we do not give warnings. The amount of people we deal
with, giving warnings is like looking the other way . We have to take
action, and that's how I explained it to him.
MR. JOSLIN: So in your opinion, you felt that he was actually
manicuring that tree for the dealership and possibly maybe a couple
there or more.
MR. KENNETTE: Right. From what I could see on the ground
by where they were working there was a lot of live palm fronds, not
only dead ones, there were some live ones there, which I pointed out
to the owner, Mr. Guidicelli.
I pointed out to him that if it was only the dead ones, I wouldn't
complain, but it looked, in my opinion, they were trimming those trees
up.
MR. GUIDICELLI: Just for the doubt, I know that he didn't see
-- I arrived, I didn't see my guys there, because when I arrived think
you were right behind me, if I'm not mistaken. There was only one
coconut tree there. That's the only one in the front of the dealer. I
don't want you to think that there were 10 of them and we were
planning to pursue -- there was only one there. That's the O'Brien
dealer on Davis.
CHAIRMAN DICKSON: Okay. Mr. Neale, options?
MR. NEALE: Well, if you find him in violation -- if you find
the citation was valid and that he was committing the act as suggested,
the board is really constrained to find him in violation and impose at
minimum the fines set out on the citation.
Now, the county had indicated that they potentially would
consider withdrawing it, then that certainly, as Mr. Ossorio correctly
stated, within his purview.
MR. JOSLIN: I don't think I would go along with a withdraw on
it because of the fact that Mr. Kennette was out there doing his job and
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161 1A g
Jtnuary 16, ~008
he was actually caught doing the service.
Now, right or wrong, whether it was under your license
qualifications or not, you admitted that you were on the tree and it was
cut down. So just in the sake of being on this board for as many years
as I have, and never -- I don't think we've ever not carried through
with a citation that one of our investigators have given out, then I
would have to go along with the citation, that you pay.
MR. BLUM: The key thing for me was the live fronds on the
ground. Live fronds don't fall off. And Mr. Kennette would not tell
me it was live fronds on the ground if they weren't there. And the
only way they got there is if they were cut.
Case closed --
MR. GUIDICELLI: No, I'm not questioning that. There were
some there --
MR. BLUM: -- whether there was a mistake or not--
MR. GUIDICELLI: And that's one of the things that I even
showed him, told him that I have the insurance to be pruning. And he
explained to me actually that, that the fronds were part of the tree, you
can't do that, and all that.
So what I'm saying, why I'm here is I didn't quite understand it.
It's not like I did 10 trees or had -- you know, I wouldn't be here, I
would be embarrassed to be here. It was one tree. There was, I guess,
misunderstanding from me, I guess, from my point of view for the
law.
But I just want you to know that I comply with everything. I'm
in business three years now, going into my fourth. Always had my
Workmen's Comp, insurance, liability. My insurance even covers the
pruning, which a lot of lawn care companies, I don't even think they
have Workmen's Comp or liability.
So I'm looking for a break here, a benefit of the doubt to say,
you know what, I can see what you're saying, because yes, it does
cover pruning, but don't cut that one, it's alive. To me I wasn't doing
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JlrJ 16, lv~ 3
tree service, is what I'm trying to say.
MR. BLUM: We're with you.
MS. KELLER: But you said you're going to take your test for
the tree --
MR. GUIDICELLI: Yes, I have applied for it. I have both--
MS. KELLER: Because, actually, you're going to learn a lot
about how you have to trim a tree, and we've all been through that and
learned --
MR. GUIDICELLI: Well, the reason is because I don't want to
be in this situation ever again. So I'm trying to prevent -- I don't like
to be on that edge.
MS. KELLER: And if you get that license, you'll make enough
money that you can pay this fine -- consider yourself --
MR. GUIDICELLI: Then let's look at the county's pocket
versus my pocket.
CHAIRMAN DICKSON: Mr. Ossorio, do you want to
withdraw this or not?
MR. GUIDI CELLI: Please.
CHAIRMAN DICKSON: Personally, my opinion is, it's getting
a little too picky. Okay, I know breaking the law. And first of all,
whether it was one red light or one stop sign or 10 stop signs, it doesn't
matter. So throw that argument away, it stinks.
MR. OSSORIO: Mr. Chairman, I have no problem withdrawing
any citation. This gentleman came forth with the board. He's very
honest, he's applied to take the exams. However, our office is all
about being consistent, how we conduct our business. No matter if it's
one person with a handyman license taking apart a sprinkler head and
fixing it and getting charged for it or one person taking a trap
underneath a sink and it's a plumbing contractor, those are all minor.
What's one tree. We try to be consistent. I have no opinion.
The board makes those opinions, I'm just a fact-finding person that
brings it to the board. So does Alan Kennette.
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January 16,2008
I do want to note, Alan did note that there were three other trees
there. They were not coconuts, but they were other trees, looked like
they were freshly trimmed. And we haven't heard testimony on that
fact. I'm sure maybe he can elaborate that, may he can clear the air
with that as well.
MR. GUIDICELLI: We have not touched any other trees on
that property. And the reason why we did it, again, is because of dry
coconuts falling on the car dealer. That was just --
CHAIRMAN DICKSON: And my understanding, Alan, your
testimony was you didn't know if they planned to do other trees. It
wasn't that you saw cuttings from other trees.
MR. KENNETTE: Those other three trees hadn't been touched
yet. They were working on the first one.
CHAIRMAN DICKSON: It's kind of like the highway
patrolman that stopped me doing eight miles over the speed limit.
Yeah, he could have written me, but he let me go with a warning.
MR. JOSLIN: But under those pretenses I think the state
highway patrolman backed away and didn't give you the citation. But
under this pretense, Mr. Kennette did give him the citation, and he is
reall y guilty.
So if we don't carry out with the citation, then we're going to
have every lawn service out here in Collier County coming in here --
MS. KELLER: We're going to be so--
MR. JOSLIN: -- trimming a couple of trees now and then and
they're going to get a break.
MR. OSSORIO: Mr. Dickson, I have no problem upholding the
citation. Obviously it's in your ordinance that you can -- a $300 fine
or up to 1,000. And I don't mind dropping it down to $100, just the
cost of the hearing. That would be fine with me as well.
CHAIRMAN DICI(SON: Would you quit raising your hand.
You make me feel like Judge Judy, okay.
MR. GUITE': I've got one question. On the citation, it says
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January 16, 2008
palm tree chain saw. Is the chain saw the issue?
MR. KENNETTE: That's part of the issue. Because if he only
has a lawn maintenance license, he doesn't carry insurance for his
worker to be up in a tree with a chain saw on a regular --
MR. GUITE': So he was up in t~e tree --
MR. KENNETTE: He was up on the ladder --
MR. GUITE': -- the chain saw wasn't in his trailer?
MR. KENNETTE: No, he was up on the ladder using the chain
saw.
MR. GUIDICELLI: And the ladder is the dealer that brought it
out. We weren't even going to use it. He brought it out, said, hey --
MR. GUITE': Wait a minute, wait a minute.
MR. GUIDICELLI: No, because it was a big ladder. I just want
to make clear, it doesn't fit in our truck.
CHAIRMAN DICKSON: Stop.
MR. BLUM: Mr. Chairman, the citation stands. I think maybe
this has something to do with your workers -- if you weren't
personally there when they went up on the ladder, is that what I'm
hearing?
MR. GUIDICELLI: Well, I was within seconds--
MR. BLUM: But the worker was up in the tree and you weren't
there.
MR. GUIDICELLI: No, they were not on the tree. I asked him
MR. BLUM: They were on a ladder with a chain saw and you
weren't physically there at that particular moment when Mr. Kennette
saw them. Is that right?
MR. GUIDICELLI: Their intent was to go up there, yes, if that's
the question.
MR. BLUM: Now I'm hearing intent?
MR. GUIDICELLI: They were not up there is the answer.
MR. BLUM: Mr. Kennette?
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MR. KENNETTE: The gentleman was up there. That's why I
stopped. I wouldn't have stopped if he wasn't up in the tree.
MR. GUIDICELLI: If I may, he was up in the tree cutting?
MR. KENNETTE: He was on the ladder, cutting --
MR. GUIDICELLI: I wasn't there, so I'm sorry.
MR. I(ENNETTE: -- with the chain saw.
MR. BLUM: That's what I was asking. Because my impression
was that you weren't physically on the site when Mr. Kennette
observed what the reason for the citation was given.
CHAIRMAN DICKSON: I move that the citation stands --
MR. BLUM: So therefore, my feeling is your people may not
have had the correct instruction from you on what their scope of work
could be. And now that falls on you as the owner.
MR. GUIDI CELLI: Correct. And that's perfectly clear. But
again, even if we would have had the proper scope, I didn't know to
tell him just cut the dry, don't cut the fronds --
MR. BLUM: You're on a ladder with a chain saw. Whether it's
my ladder or his ladder or God's ladder, it's kind of irrelevant. The
guy should have never been on a ladder with a chain saw. Hey, you
don't even need a chain saw on what you do. And to use somebody
else's ladder, you don't even know whether that ladder was a good
ladder or a bad ladder or an improved ladder.
So this whole scope and the whole reason for these things are all
the things you did wrong and your people did wrong. I think the
citation was done in very good taste, very well executed.
MR. GUIDICELLI: Can I ask a question?
CHAIRMAN DICKSON: No, we've had enough. We've beat
this to death.
I move that the citation stands at a reduced price of $150.
MR. JOSLIN: I'll second the motion.
CHAIRMAN DICKSON: Discussion?
MR. BLUM: I'm not in favor of lowering the price to $100.
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CHAIRMAN DICKSON: I figured that.
MR. NEALE: That's something that really, if you find the
citation valid, you're also finding that that's --
CHAIRMAN DICKSON: He was going to go 100.
MR. BLUM: Well, that's not the citation.
MR. NEALE: The statute and the rules say the minimum you
can go is the -- unless they rewrite the citation to be a recommended
fine of 150 --
MR. JOSLIN: So it's either all or nothing.
MR. BLUM: Right.
MS. KELLER: Okay, let's do--
MR. OSSORIO: I assumed that the board could find -- it doesn't
say it in the statute?
MR. NEALE: Unfortunately, in the statute it says the minimum
is the amount set forth on the citation.
MR. OSSORIO: Well, then the county's position is let's go
ahead and withdraw the citation.
MR. BLUM: Oh, brother..
CHAIRMAN DICKSON: It's done. County took the citation
back.
MR. BLUM: I've got to go on record here.
MS. KELLER: Me, too. I totally object to that.
MR. BLUM: I've got to go on record here. This is a blatant
disregard for everything that I'm here standing for.
MR. JOSLIN: I don't want to have a bunch of lawn services
coming in here and wanting to trim trees, that's what we're going to
see.
MR. BLUM: Michael, I really think you want to think this --
MS. KELLER: -- citations. And that's what these guys are paid
for is to go out and decide whether or not a citation is valid or not.
And I find it very offensive --
MR. BLUM: Totally.
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January 16, 2008
MS. KELLER: -- to you who made that decision. And I agree
with you.
MR. BLUM: This was allowed to come before the board--
CHAIRMAN DICKSON: Mr. Neale, if they pulled it, is it over?
MR. NEALE: Well, it is. There is an alternative that does exist
for what are called minor violations under Section 22-202.A of the
code, subsection two. Is for a minor violation, which is a violation of
any provision of regulatory law, including the section when it is, one,
reasonable for staff to assume that the violator at the time of the
violation was not aware of the provision that he violated, or it can be
assumed that it was not clear to the violator how to comply.
And two, that the violation has not then resulted in economic
harm or physical harm to any person.
And three, the violation has neither adversely affected the public
health, safety or welfare nor created any significant threat of such
adverse effect, then a notice of noncompliance may be issued which
identifies the specific provision that was violated, provides
information how to comply with that provision and specify a
reasonable time for full compliance.
MR. OSSORIO: Understood that we have that ability when they
have a cease and desist order. And he will receive one. And also, his
demeanor is when he found out he was in violation he came down, he
got -- stopped what he was doing, that one coconut tree, and he
applied for a license.
How much did you pay the county, $100 per --
MR. GUIDICELLI: $100 per. I'm taking the business law and
MR. OSSORIO: So it's $200 to take the exams, correct?
MR. GUIDI CELLI: Plus the test, which is another $70. So it's
going to add up to $300.
MR. BLUM: That's really irrelevant.
MR. JOSLIN: That's the license you should have had before
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January 16, 2008
you --
MR. BLUM: He should have had it in the first place. I don't
want to hear --
CHAIRMAN DICKSON: Wait, wait, wait, no. One at a time.
Is it over, then, Mr. Neale?
MR. NEALE: If the county withdrawals, it is over, if there is no
citation to continue.
CHAIRMAN DICKSON: County withdrew it, it's a mute issue.
Glad you got your other license.
MR. GUIDICELLI: Thank you.
CHAIRMAN DICKSON: See you later.
MR. BLUM: Wait a minute. I'm sorry.
MR. HERRIMAN: It's over.
CHAIRMAN DICKSON: Yep.
MR. BLUM: It isn't over for me, Mr. Chairman.
MS. I(ELLER: You don't have anything to say --
MR. BLUM: And I don't think it's over for a lot of people on
this board.
Good for this gentleman. I had one of our inspectors see an
unlicensed contractor on a ladder with a chain saw. I'm sorry, that
negates any compassion that I might have felt up until I heard the
chain saw in the tree part.
MR. OSSORIO: Well, Mr. Blum --
MR. BLUM: I think we've made a travesty of what we're here
for today with this decision, quite frankly, and I'm terribly
disappointed in Mr. Ossorio. And I've got to go on record as saying it.
And I don't think I'm the only one here that feels that way.
MR. OSSORIO: When you deal with a chain saw and you deal
with a ladder, the statute's pretty clear, when you deal with the
workers' comp, if I did have the tree license and I had three employees
and those three employees were 50 feet up in the air and they were
trimming this coconut tree.
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J!~ 16JO~8 .3
So mind you, you have this huge chain saw in your hand and
you're 50 feet up in the air and you're trimming this tree and you have
a tree license. Would you think that you would need workers' comp
on that individual? Yes or no?
MR. BLUM: Absolutely.
MR.OSSORIO: You're wrong, Mr. Blum, you don't.
MR. BLUM: I said I would think it. I don't know that I'm right
but --
MR. OSSORIO: You're wrong.
MR. BLUM: -- to me personally, I wouldn't allow one of my
guys -- you asked the question, I'm going to tell you why I'm thinking
and what I'm thinking, okay?
CHAIRMAN DICKSON: Well, wait just a minute. Let him
finish. He asked you one quick question.
I'll moderate this.
MR. BLUM: That doesn't go to the issue.
CHAIRMAN DICKSON: One at a time, one at a time.
Go ahead, Mr. Ossorio.
MR.OSSORIO: No, the State of Florida, the workers' compo
statute is if you are a -- you have three employees or less and you're
trimming trees, workers' comp is not required.
MR. JOSLIN: No, but on the other hand if it's not required and
that chain saw was to happen to come out of his hand, cut his leg off,
cut the ladder and the man falls down and kills himself, who do you
think is going to get sued? The dealership? The man than runs the
company?
MR. HERRIMAN: Everybody.
MS. KELLER: All of them.
MR. JOSLIN: So that's the reason why workmen's compo is
covered.
MR. OSSORIO: There's no doubt about it --
MR. JOSLIN: Now there are also rules that say workmen's
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January 16, 2008
camp. says if you have an operations section that you're setting up as a
business, he has a lawn service, he is covered only on the ground.
He's not allowed to go off the ground. And the workmen's camp.
policies say so. Because he's working with machinery on the ground.
Therefore, if that man would have fallen from that tree and
would have hurt himself with that chain saw, his workmen's compo
wouldn't have paid anyway.
MR.OSSORIO: Well, I'm not here to argue -- belabor the point.
I'll just go ahead and say that the county withdraws his application.
He is going to meet the requirements of the code.
MR. JOSLIN: I agree with you, Mr. Blum.
MR. BLUM: I'd like to poll this panel to see if I'm alone in this.
I'm just disappointed beyond belief.
CHAIRMAN DICKSON: We can poll the panel after the
meeting, because I'm not going to take a vote on something t,hat's been
pulled.
MR. BLUM: I'm going to address a little bit of bias on your
part, Mr. Dickson, I'm sorry.
MR. JOSLIN: Let's move on.
CHAIRMAN DICKSON: Art Duarte. If you would, sir, state
your name and I'll have you sworn in.
MR. DUARTE: It's Arturo Duarte.
(Speaker was duly sworn.)
CHAIRMAN DICKSON: Okay, usually when we get one of
these, the county's called on one of your recommendations and they
say they didn't do it or they don't agree with it. Is that the case,
County?
MR. OSSORIO: No, not this particular case. This one is
actually -- on the face of the application the affidavits don't really
specify roof coating, roof painting, roof cleaning.
This gentleman has been -- I think he's from New York and he
does window cleaning. And all his affidavits are for basically window
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January 16, 2008
cleaning. So with that is that he doesn't show any experience, so he's
petitioned the board.
I have not called his references because his references don't
mention roof coating, roof painting, roof cleaning.
CHAIRMAN DICKSON: Mr. Duarte?
MR. JOSLIN: Could I ask a silly question just for the record
here? Maybe you can advise me, Mr. Dickson, what would be
considered roof coating?
CHAIRMAN DICKSON: There's two licenses: One is for
painting, and there's a separate one for roof coating, which is really
pressure cleaning.
MR. JOSLIN: Pressure cleaning?
CHAIRMAN DICKSON: Yeah.
And there is some coating that's going on. Some of you have
seen these people putting this wonder material on top of these tile
roofs, which they end up getting a new tile roof within two or three
years after that. But it specifically says on that category, once I find it
here, that you're not allowed to do any roofing repairs of any kind.
Right, Mr. Neale? Are you there yet?
MR. NEALE: Yeah, I'm just -- roof cleaning, I believe that is
correct, but let me --
MR. JOSLIN: This roof coating that you're speaking of, that
would be like putting a coating on top of, say, a tile roof'? Is that what
you're speaking of'?
CHAIRMAN DICKSON: It could even be a flat roof. You
could be painting roofs, which some people do that for reflection.
MR. JOSLIN: How about coating with like new rocks on top of
a flat roof'?
CHAIRMAN DICKSON: No, that's going to get into asphalt
products and it won't fly.
MR. BARTOE: I think Page 20, Mr. Dickson.
MR. NEALE: Yeah, it's qualified to clean, paint or coat a roof
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January 16, 2008
by means of pressure-operated equipment, hand application or
otherwise. This category specifically does not include roof repair.
CHAIRMAN DICKSON: I've got an older one than you do.
MR. NEALE: And that's on the codified and the 1.6?
MR. ZACHARY: 1.6.3.35.
CHAIRMAN DICKSON: Roof coating. Right there.
So you're going to -- what you're going to do is -- are you going
to -- what are you going to do, pressure clean?
MR. DUARTE: Yes, sir.
CHAIRMAN DICKSON: But you don't have experience for
that, right?
MR. DUARTE: No, I have experience in roof cleaning, window
cleaning. I had my business from 1978 to around '95. Then I moved
to Florida and I took another job. And you know, given the situation
the last couple of years, I purchased Extreme Cleaning, which he had
a license for roof cleaning.
And '89 or '90, I did a lot of roof cleaning up in Boca Raton. But
the guy sold the business and it's hard to get in touch with him. So--
but I have the experience.
CHAIRMAN DICKSON: What years were they, '88 and '89 in
Boca Raton?
MR. DUARTE: Plus I did some -- you know, for Extreme, for
the previous owner, I did some, you know, work for him also.
CHAIRMAN DICKSON: Okay. But there's nowhere you can
get affidavits, right?
MR. DUARTE: I mean, I have affidavits from, you know, even
from the one that I got for the painting. The guy is no longer in
business. I did work for him for maybe 10 years, but no longer in
business in Jersey.
MR. JOSLIN: Where is your office located at Collier
Boulevard? Kind of -- is it on Marco or--
MR. DUARTE: No, that's in Naples, 8595 Collier Boulevard.
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January 16,2008
MR. GUITE': By Home Depot?
MR. DUARTE: No, that's by the Publix.
MR. JOSLIN: Collier Boulevard would be--
CHAIRMAN DICKSON: That used to be 951.
MR. JOSLIN: Oh, by Rattlesnake Hammock Road. Okay.
Is this the address of the business and your home?
MR. DUARTE: No, my home is -- I live at The Shores, 7735
W oodbrook.
CHAIRMAN DICKSON: He needs three of them, right,
Michael?
MR. OSSORIO: No, just one. He can go down and get a
business tax license for pressure cleaning, and that's what he wants to
do. But if he wants to be able to do roof coating, roof cleaning, which
would be pressure cleaning the rooftop, and roof painting, which you
discussed earlier, he would need one license. It's called roof coating,
roof cleaning, roof painting license.
MR. JOSLIN: Are you licensed in any other counties, any other
places now?
MR. DUARTE: No.
MR. JOSLIN: No.
MR. BARTOE: Mr. Dickson, were you asking verification of
experience? You need two or more.
CHAIRMAN DICKSON: Two or more? Because I see the one,
that's why I was asking. Okay.
MR. BLUM: So the only one we have here is for cleaning, we
don't have anything for pressure washing. Window cleaning is all the
experience that we've got in writing?
MR. HERRIMAN: No, here's one on pressure washing from
Dan Hatch. Dan Hatch.
Did you work for Dan Hatch?
MR. DUARTE: Yes, sir.
MR. HERRIMAN: So he can go up 20 stories and he can run a
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January 16, 2008
pressure washer.
MS. KELLER: So Dan Hatch--
MR. HERRIMAN: Why not let him go on the roof'?
MS. KELLER: -- was the previous owner of Extreme Cleaning?
MR. DUARTE: Yes, ma'am.
MS. KELLER: Okay. So you worked for him and--
MR. DUARTE: Yes.
MS. KELLER: -- then you bought the business from him?
MR. DUARTE: Correct.
MR. OSSORIO: Unfortunately Mr. Dan Hatch is -- his
description is all types of window cleaning, which I personally don't
care about, and pressure cleaning, which then again I don't personally
care about pressure cleaning.
This is -- the category is roof coating, roof painting, roof
cleaning. And on that affidavit, it doesn't meet the criteria. You need
to say that yeah, I've gone on mobile homes and I've painted the roof
tops and I've pressure cleaned a tile roof. That's what we're looking
for.
I wouldn't want to send this gentleman on Crayton Road doing a
pressure cleaning on a tile roo:f, unless he shows us experience.
I1nagine if we issued him a license for roof cleaning and he was up 20
floors cleaning windows? Well that's fine. But it's not going on
somebody's $80,000 roof cleaning it and stepping on where he needs
to be stepping properly to make sure, because that's all hands on. It's
only a business procedure test, so it's not a trades test. So the
affidavits will come into play.
MS. KELLER: Is Dan Hatch the current permit holder for
Extreme Cleaning?
MR. DUARTE: No.
MS. KELLER: Who is?
MR.OSSORIO: I don't know if Dan Hatch even has a license.
It says N/A.
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January 16, ~6~
MS. IZELLER: That's what I--
MR. OSSORIO: I couldn't tell you.
MS. IZELLER: -- was wondering, ifhe had the license before.
MR. HERRIMAN: The person that you worked for in Boca that
you cleaned roofs for, you can't find him?
MR. DUARTE: No, he sold the business.
MR. HERRIMAN: Can you find any witnesses that worked for
him?
MR. DUARTE: The new owner says I don't know anything
about it, you know. That was five, six years ago. Even longer than
that. But this is all I've done all my life, you know.
CHAIRMAN DICKSON: Are you just going to clean roofs?
MR. DUARTE: No, no. We do -- you know, we do cleaning in
general. Roof is one of the things that, you know, we're interested in
getting a license.
CHAIRMAN DICKSON: Why has your credit got so many
collections on it?
MR. DUARTE: I was a realtor and I invested in some
properties. And we all know what the market did. I held on too long,
and now I'm stuck with them. And I fell behind on a couple of
payments, but I caught up.
MS. KELLER: Actually, you're not caught up. We have your
credit report.
MR. BLUM: I think we can all understand the real estate
problem.
MR. DUARTE: I know, but I paid up. I just got a couple of late
payments in there.
MR. JOSLIN: I'd like to see some more references.
CHAIRMAN DICKSON: The problem I've got is if I vote to
approve this, I'm creating a new license, because you don't have any
qualifications or experience for painting or roof coating. Pressure
cleaning is fine, you can do that with a tax license or a tax receipt.
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January 16, 2008
But to paint roofs you've got to have the experience, and you don't
have it.
MR. JOSLIN: Could we restrict the license?
CHAIRMAN DICKSON: Well, he says he's going to paint.
MR. JOSLIN: Well, no, if we restrict the license, he's not.
MR. DUARTE: Basically coating is just spraying a sealer on
top of the tiles. As a roofer, you should know. I mean, it's something
that I --
CHAIRMAN DICKSON: Oh, you're talking --
MR. DUARTE: -- did for years and years in New Jersey. Given
that the person that I was doing the work for, he was up in years when
I -- you know, when I moved to Florida, so I couldn't find the guy.
But I did most of his work.
CHAIRMAN DICKSON: The sealer he's talking about is this--
MR. DUARTE: Waterproofing I did also.
CHAIRMAN DICKSON: Once someone starts -- she can't type
two times.
Sealer he's talking about is to prevent the fungus from coming
back as quick. Supposedly twice as long, which I don't know if that
works or not, but it works longer.
So you're not going to paint?
MR. DUARTE: Basically just sealing. I mean, I know how to
paint, but that's probably something that -- painting, I would probably
-- you know, either subcontract it to another person, to another
company, or -- but the sealer is something that I know how to do.
CHAIRMAN DICKSON: I don't know how that sealer falls in.
It's not paint.
MR. DUARTE: It's a clear product.
CHAIRMAN DICKSON: It's a clear sealer.
MR. DUARTE: Protects it from all the fungus and the mildew.
CHAIRMAN DICKSON: Would you consider that paint, Mr.
Ossorio?
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161 lA 3
January 16, 2008
MR. OSSORIO: Well, if it's a sealer, it could be considered --
what is it, we have a category for sealing striping that he might--
MR. GUITE': It's basically like me sealing grout.
MR. OSSORIO: Ifhe had an affidavit that he had somewhat
experience in roof cleaning, under the code it allows me to go ahead
and restrict it to that aspect of that particular trade that he's qualified
in. But unfortunately this particular affidavit, he doesn't show any.
So that's the quagmire, that's what we're in.
CHAIRMAN DICKSON: Since you don't require a license for
pressure cleaning, they don't have to have insurance, do they, or no
one watches that?
MR. OSSORIO: Well, they do have workers camp. agents out
there. And if he does fall in the category -- if you have three or more
employees and you're pressure cleaning, you know, if you're on the
roof, that requires workers compo for each individual. So there's
workers compo agents, there's two or three in Fort Myers and in
Naples. So ifhe's out there working, he's going to definitely have to
be exempt or he'll be a statutory employee of the company.
CHAIRMAN DICKSON: There was a college-age kid in Bonita
Bay last summer that was pressure cleaning a roof and stepped on his
hose and went head first into the concrete patio below. That lawsuit's
still going on. That bothers me.
MS. KELLER: Would this application be sent to us for credit
issues as well?
CHAIRMAN DICKSON: Yeah.
MR.OSSORIO: That's one of the things I asked this gentleman
to talk to you about as well. I had some questions concerning his
credit, and then more pressing was his affidavits of experience.
CHAIRMAN DICKSON: Once we get the packet, everything's
open.
MR. JOSLIN: I have a real question with the amount of dollars
and cents that the man still owes. If you care to look at the last page,
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161 1 A 3
January 16, 2008
that's a lot. I'm just wondering how a pressure cleaning business is
going to pay this off, if it can be.
This is the only business that you're in?
MR. DUARTE: Most of those properties are rented, so I do owe
a lot of money. But it's just paying off the mortgage, that's being paid
off by the tenants.
MR. JOSLIN: It says -- on the credit report that I'm looking at
says as of November 13th you were past due almost $5,000 on
something. You did say you caught that up now?
MR. DUARTE: Yes. It just was one of the properties that I had
rented, the people there, they were taking showers without the curtain
and the water just destroyed the structure of the bathroom and the
kitchen. They never called me they had a leak or anything, so I had to
get in there over the weekends and do it myself, and just fell behind on
the mortgages. And then taxes went up and insurance went sky high,
so I just had -- you know, I fell off the horse there. But I'm trying to
get back on the horse.
CHAIRMAN DICKSON: We're talking -- I can't tell if it's 16 or
18 repossessions.
MR. DUARTE: Sixteen or 18 repossessions?
CHAIRMAN DICKSON: Look at that trade lines down below.
It's either 16 or 18 repossessions. $1.2 million in -- you can look at it
if you want.
MR. BLUM: You were in the speculation market big time.
MR. DUARTE: It was there and it was good. You know, the
only problem was that I should have sold it on time and I just --
MR. BLUM: You're not the only one. You're not the only one.
MR. DUARTE: It comes hard, especially when you have kids
in college and another one ready to go, you know. I just need to get
out there and work 16 hours a day like I'm doing now.
MR. BLUM: Not that it's really relevant, but in talking to a
friend of mine who serves process papers, one company that I know of
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January 16, 2008
personally will do 16,000 foreclosure notices in Collier County this
year.
I can't condemn this man for making a mistake in judgment in
the real estate market, because he's got some real good company.
MR. JOSLIN: He's not alone for sure.
But I don't know, with that said, I can't fathom the idea of giving
this man a license to do this type of work with no credentials and with
the fact that this amount of money is already been owed. I'm just
afraid something else is going to happen, so I'm not in favor of it.
MS. KELLER: Who is the license holder for the company now
that's operating?
MR. DUARTE: The license which we did pay, it expired and
we didn't pay for to renew it. And that's how -- it went so long that we
lost the license, so --
MR. OSSORIO: In other words, the company got sold and the
qualifier left. And it was up to this gentleman to go ahead and show
experience. And he just bought a business. And that happens. Plenty
of times people just open up a business and they don't know anything
about it. And they buy it and the qualifier leaves and they're stuck.
MS. KELLER: But he can continue doing part of the business,
he just can't do --
MR. OSSORIO: The pressure cleaning, no problem, sure.
MR. GUITE': Can he pressure clean a roof'?
MR. OSSORIO: No, that's roof cleaning.
MR. DUARTE: That's basically what I'm here for, for the roof
cleaning, which I have the experience to do it, you know. My brother
has the experience to do it. He works for the company.
CHAIRMAN DICKSON: Your brother has the experience?
MR. DUARTE: I mean, he has experience also. I mean, in the
family we all -- there's three of us. That's all we did all our lives.
MR. JOSLIN: Could your brother come up with some
testimony, statements, affidavits that someone would --
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MR. DUARTE: He worked for -- at one time I saw a guy here
from Precision, so he did roofs for Precision too, you know. And he
did all the high-rises, you know.
CHAIRMAN DICKSON: Get your brother to pull the license.
MR. DUARTE: I figured I have the--
MR. NEALE: He said he has experience as well.
MR. DUARTE: I have the experience also. Ifhe wants to come
and get his, that's up to him. But this is how I made a living for 20
years, so --
CHAIRMAN DICKSON: The problem is, and it's not that we
don't believe you, but you can't document it.
MR. DUARTE: I mean, isn't the experience from Don Hatch,
the guy who previously owned the business, he stated that -- I mean, I
did roofs for him.
CHAIRMAN DICKSON: Can't you find one more? You have
to have two.
MR. DUARTE: The issue with that was the only one that could
help me was the guy in Boca, but like I say, it was M&M Cleaning
Services and -- out of Boca, but he sold the business.
CHAIRMAN DICKSON: Don't you know anybody over there
that worked for the company?
MR. DUARTE: Yeah, I spoke to -- but they said look -- you
know, when you send them that form, I faxed him the form, and it has
to be notarized and stuff. He said, look, I can't lie to you, I don't know
you.
CHAIRMAN DICKSON: That's not what I'm asking you.
MR. DUARTE: Okay, what's the question?
CHAIRMAN DICKSON: What I'm asking you is, surely you
knew somebody besides that one man who sold the business, if you
did it that long. Were there other employers, supervisors, anybody
like that?
MR. DUARTE: To be honest with you, I didn't proceed-- you
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January 16, 2008
know, I didn't go that route. I said okay, forget it, he can't help me, so
CHAIRMAN DICKSON: It doesn't say it has to be the owner of
a business. Find an individual. You got one, go find another one.
N ow they're going to call and verify it.
Do you agree, Mike?
MR. OSSORIO: That we will.
CHAIRMAN DICKSON: No, I mean, he just needs one more?
MR. OSSORIO: Well, I'm not very much -- I don't like Mr.
Hatch, and I'll deal with Mr. Hatch. I have to look and see what kind
of license he has, when this gentleman bought the business and when
the business got sold.
To make -- you know, it doesn't -- the affidavit on itself doesn't
meet the criteria. It just says pressure cleaning, which that is not the
category we're going for. So I would have to call Mr. Hatch and talk
to him a little bit about it. But we will.
CHAIRMAN DICKSON: We're going to have to find the
references. Now, let's do one more --
MS. KELLER: If your brother has better credit, too, you might
think about him applying for it. Because this is going to be an
obstacle for you even if you go through these other obstacles.
CHAIRMAN DICKSON: Well, I was going to ask you to
address that now. If he finds the proper references, which I just don't
think he's looked hard enough, and now you know we're not going to
ignore that, okay. Are we going to let him through on his credit?
We've done this before.
MR. JOSLIN: I don't think that that amount of money that's
owed and the houses that he has is going to be detrimental in the
pressure cleaning business that he's going to go into. We're not talking
thousands and thousands of dollars for something that he's going to do
if he does get the references and passes the test and everything
happens that he has to have criteria-wise.
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So I don't think the --
MR. BLUM: I don't see the credit as an issue. The worst thing
that could happen is he loses all the houses. So that doesn't affect
business. It just means he's not going to have any credit to buy
anymore houses.
MS. KELLER: I was saying basically the same thing, so --
CHAIRMAN DICKSON: And you guys agree.
MR. GUITE': (Nods.)
MR. HORN: (Nods.)
MR. NEALE: Just to reiterate the Florida Administrative Code,
and our ordinance and the Florida Statutes, the whole focus of credit
worthiness or ability to pay is focused on -- as Mr. Joslin pointed out,
is focused almost solely upon the ability to pay business debts. If he
can't pay his personal debts, that's one thing. Ifhe can pay his
business debts, that's the question that this board is to address.
CHAIRMAN DICKSON: Okay. So then what we can do here
today for him is make a motion to grant him -- I'll make this motion
and see if you all agree with this. We'll make a motion to grant you
this license based upon you finding the references that contractor
licensing staff feels are adequate, that your license be issued.
MR. JOSLIN : You've got to search your mind out and find
somebody else that can sign these affidavits for you that will back
what you say as far as how many years you've been doing this. And
there's surely someone out there that you've worked with, if you've
been doing this that long, that can help you out in that aspect.
CHAIRMAN DICKSON: Mr. Ossorio -- I'm sorry, one second.
MR. OSSORIO: If he has the affidavit experience, I'll issue the
license. But be warned that if the affidavits are incomplete and he's
only showing one part of the license, then I will restrict it for that
category.
MR. BLUM: Fine.
MR. JOSLIN: That's fine.
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January 16, 2008
MR. NEALE: We have a motion. Do we need a second?
MR. BLUM: I'll second that motion.
CHAIRMAN DICKSON: We have a motion and a second.
Discussion?
(No response.)
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. BLUM: Aye.
MR. JOSLIN: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
MS. KELLER: Aye.
CHAIRMAN DICKSON: Aye.
Opposed?
(No response.)
CHAIRMAN DICKSON: Do you understand it?
MR. DUARTE: More or less. I just -- a motion is --
CHAIRMAN DICKSON: You either make him happy or you
don't get a license. Okay?
MR. DUARTE: Okay.
CHAIRMAN DICKSON: We got past the credit issue. All
right?
MR. DUARTE: Thank you.
CHAIRMAN DICKSON: So we wish you well.
MR. DUARTE: Thank you.
MR.OSSORIO: Take a break for the court reporter?
CHAIRMAN DICKSON: Yeah, we have a case --let me ask
you a question here. Can we get through this case in an hour?
MR.OSSORIO: Yes.
CHAIRMAN DICKSON: We're not going to break for lunch.
MR. ZACHARY: Doesn't look like the respondent is here so it
will probably be a little less than an hour. Like two minutes.
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January 16, 2008
CHAIRMAN DICKSON: Let's take a 10-minute break.
(At which time, Mr. Horn exits the boardroom.)
(A break was taken.)
CHAIRMAN DICKSON: I'd like to call back into order the
meeting of the Collier County Contractor Licensing Board. Public
hearing, Case No. 2008-01, number one; Paul L. Harmison, d/b/a
Bayshores Aluminum Construction, Incorporated.
Is Mr. Harmison present?
MR. OSSORIO: No, he's in the hospital, I believe.
MR. WUHRER: He's not in the hospital, but he's --
CHAIRMAN DICKSON: Come up, come up.
MR. WUHRER: For the record, Andy Wuhrer, Collier County
Compliance Officer, contractor license compliance officer.
CHAIRMAN DICKSON: This is your case, you'll be
presenting?
MR. WUHRER: Yes, sir.
CHAIRMAN DICKSON: And where is Mr. Harmison?
MR. WUHRER: He's recuperating at home. He's had severe
back surgery and he is unable to get out and walk and do that type of
thing, so he won't be here today.
CHAIRMAN DICKSON: And then the next question I have to
ask you is why are we proceeding with this case, given that
information?
MR. WUHRER: He's been apprised of the situation that his
presence would be appreciated, but he just could not make it here
today.
He checked in with Mr. Ossorio, and Mr. Ossorio, last I knew at
least, said he was not required.
MR. OSSORIO: He is required. I talked to Mr. Harmison at
many lengths. It's just that the care factor, he is going out of business
and he will never able to satisfy this homeowner, to his fault. I'm not
going to put words in his mouth. But we need to proceed on a
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January 16, 2008
certificate so that he doesn't conduct business in the future.
Just because you're the qualifier of the company and you have
surgery doesn't mean your company can't do the work.
CHAIRMAN DICKSON: Okay. Yeah, but wait a minute. Mr.
Neale was where I was going next.
MR. NEALE: If this were the case where Mr. Harmison just
blew us off, to use a phrase, I wouldn't have an issue with it. If he is
in fact physically unable to be here, was notified that he should be
here and can't show, I would have difficulty in recommending that this
board proceed, because I would feel that we are -- we're not affording
him the due process that he probably is entitled to if we proceed and it
is a fact that he is physically unable to be here.
MS. KELLER: Do we have proof of that?
MR. WUHRER: Yes, I've been there twice and I have seen him,
and he's hardly capable of mobility.
MR. JOSLIN: So your recommendation would be to--
MR. NEALE: My recommendation would be to continue this
Inatter until such time as he either A, can show up or B, decides that
he doesn't feel it's necessary for him to show up.
MR. BLUM: Ifhe wants to send us a letter saying I'm not
coming, I don't care, okay, fine.
MR. NEALE: That's one thing. If he waives his right to appear,
that's one thing.
MR. ZACHARY: Probably a notarized affidavit that he's not
going to appear and not going to contest it would be adequate as well.
MR. BLUM: Ifhe lets us know he flat-out doesn't care one way
or another, then the heck with him.
MR. OSSORIO: Mr. Neale, I beg not to differ with you, but I
did have long conversations with Mr. Harmison, and he flat-out said
he's not going to attend. So do what you may. And if you want me to
quote him, I will.
He says he's out of business, he's not going to help this
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homeowner. He has code issues out there. He goes, yep, my business
partner took my trucks. I'm not going to show up.
L asked him if I could pick him up. I said, I'll drive you over
here if need be. He goes no, I don't personally care anymore. So
that's why we're here today.
If that was the case, we're going to be right back here in
February, and I would rather do it here than over in the Board of
County Commissioners chambers.
This homeowner needs relief. She's waited months. Months.
There's code issues; she's going to find a new contractor. She needs to
get a finding of fact so she has the ability to go ahead and go after him
civilly, ifneed be, or the county can go after him civilly.
But Mr. Harmison is the qualifier of the company. He was duly
notified. We hand delivered it to him. He knew about this meeting. I
advised him of this meeting. And he just wants to lay on his back and
say do it your way, or whatever it is, that's his problem.
I do like Mr. Harmison. I think he was an outstanding contractor
when he was in business. But I've said right from the beginning, I said
it last month, that you're going to see these cases coming.
So we're going to wait -- we gave him due process, Mr. Neale. I
talked to this gentleman. He doesn't want to show up. He doesn't
want to be in business anymore. If that's the case, ifhe doesn't want to
be in business anymore, it's our duty to restrict his license and make
sure that he doesn't wake up one day and his son say, you know what,
I want to open up a business tomorrow, and dad I want you to qualify
my company. Because that does happen. Mr. Harmison is never
going to walk anymore -- come in here and do this anymore.
MR. NEALE: If I may, what I would propose then is that I
would suggest that the board have Mr. Ossorio sworn and have Mr.
Zachary ask him an appropriate set of questions to get on the record
the fact that this gentleman has in fact waived his right to appear.
CHAIRMAN DICKSON: Yeah, I agree, because that -- what
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January 16,2008"
you just told me, Michael, is totally different than what I had a picture
of. So yeah, we need to do that.
If you would, stay right there, Mike, if you want.
MR.OSSORIO: I'll stand up.
CHAIRMAN DICKSON: If you would swear in Mr. Ossorio.
Why don't you do both right now.
(Speakers were duly sworn.)
MR. ZACHARY: Mr. Ossorio, could you tell us what contact
you've had with Mr. Harmison and what his -- what he told you about
appearing today before this board?
MR. OSSORIO: I've talked to Mr. Harmison on several
different occasions. I've talked to Mr. Harmison, my recent encounter
with him was yesterday. And I advised him of the meeting and he
said he is unable to attend, and he wishes to express sincere apologies
to the homeowner that he's just unable to attend and he has no means
to attend, and he has -- doesn't want to attend.
I advised him that I would pick him up and do what I can, but he
has no intention of being in business anymore.
MR. ZACHARY: So you afforded him every opportunity, and
he had notice of this meeting and you afforded him every opportunity
to be here.
MR. OSSORIO: We gave him notice. I know Mr. Wuhrer has
talked to him several times. We've been to his house several times
and we also issued him legal notice of this hearing, of this date.
MR. ZACHARY: Did you make him aware that this hearing, if
it takes place, may result in his losing his license?
MR.OSSORIO: He's very well aware of that. We talked about
that at length yesterday. I told him, as a licensing official, that what I
was going to recommend, and he says, you know, that's being
.
graCIOUS.
MR. ZACHARY: I don't have anything further. I think that
demonstrates that the respondent's been given every opportunity to be
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Jan!~ 1'6, 2J8A 3
here and declines to do so and understands that this hearing will take
place in his absence.
MR. BLUM: Mr. Neale, if I could suggest, and don't mean to
tell you, but one little part here bothers me just a tad. I'd like to be
convinced that Mr. Harmison made it clear whether he was ill,
ambulatory or not, he would have no intention of coming. Because
we still haven't heard the part that yeah, if I wasn't feeling bad, I could
come.
So did he make it clear that no matter what his physical
condition he had no intention of coming and we could do what we
choose?
MR. OSSORIO: Mr. Harmison has some medical problems. I
believe it started a year ago with his bone density. It's not particularly
back surgery but it's something to do with his bones. Cancerous, I
have no idea. But he is heavily medicated. He's on 2,200 milligrams
of morphine. And I believe he even said if I did attend I probably
wouldn't know, you know, how to stand or how to sit.
So there's issues there.
MR. BLUM: I'm--
MR. OSSORIO: And that's exactly what he said to me.
MR. GUITE': I'm not comfortable.
MR. BLUM: I'm not at all comfortable with this now, especially
not --
MR. NEALE: I would agree with you --
MR. BLUM: I agree with you and I agree with the intent that --
CHAIRMAN DICKSON: Whoa, whoa, one at a time.
MR. NEALE: I concur with you, Mr. Blum, and I think Mr.
Zachary does, too. If the man is -- is because of his physical condition
on medication such that it makes him incapable to make a reasoned
decision I think it would be very difficult to say that we are affording
him due process.
Mr. Zachary, you want to --
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January 16, 2008
MR. ZACHARY: I concur.
MR. JOSLIN: I would think we should go back to the letter that
you indicated in the beginning. If he comes in with a signed and
sealed notarized letter stating that he could care less at this moment.
However, he still maybe under duress of what he's going through right
now, still may be the same situation. He may sign anything because
he doesn't lmow what he's signing.
MR. NEALE: At least at that point, and I suggest that
potentially he be afforded the opportunity to have counsel when he
does sign off on that letter. And potentially Mr. Zachary go with
county staff when they go visit with him and make sure that all the
procedures are followed appropriately.
MR. BLUM: I would suggest that our counsel have to do with
an exhibit document to take with you that we would find acceptable.
MR. NEALE: Mr. Zachary and I will work together.
MR. BLUM: To wit, even though if I were not incapacitated I
have no intention of answering this claim. That's the words I want to
hear.
MS. KELLER: Do we need to hear from the homeowner at all
about her -- any interactions she's had or knowledge she might have
about the situation?
MR. NEALE: I think since her testimony would be valuable in
the case itself: and I think what I'm recommending, that the case not
be opened today, that, you know, and with all apologies to her for
showing up today, I think it would not be appropriate for the board to
hear any testimony at this point until such time is the case is officially
heard.
MS. KELLER: We don't have a note from a doctor, we just
have things that he has told the board. So I'm not -- it's horrible for me
to say that, because, poor man, but I wanted to make sure that she
didn't have information about his situation that we didn't know about.
MR. NEALE: No, I don't know about that, but I think if she was
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January 16, 20'0{'
to testify solely for the limited purposes of determining whether he is
in fact incapacitated, that's one thing. If she was to testify to any other
element of the case, I'd have trouble with her doing so.
CHAIRMAN DICKSON: What is the homeowner's name?
MR. WUHRER: It's Mrs. Carol McBride.
CHAIRMAN DICKSON: Ms. McBride -- that's Mrs. McBride
back there?
MRS. McBRIDE: Yes.
CHAIRMAN DICKSON: I'm going to speak to you, but I
apologize. And understand this, the first gentleman here is with the
county attorney's office. He represents the Collier County
Commissioners and the County of Collier County to keep them out of
trouble.
Mr. Neale is an attorney on Marco Island who only represents
this board. He's contracted to represent this board to keep us out of
trouble.
MRS. McBRIDE: May I say something?
CHAIRMAN DICKSON: Yes, ma'am. Come forward.
THE COURT REPORTER: Do you want me to swear her in?
CHAIRMAN DICKSON: No, wait. If it's not about the case. I
can't get into the case.
(Speaker was duly sworn.)
MRS. McBRIDE: Nothing about the case. But the fact that Mr.
Harmison would never return my calls --
CHAIRMAN DICKSON: That's the case. That's part of the
case.
MRS. McBRIDE: I just wanted to state that. And he was not
sick then.
CHAIRMAN DICKSON: That's all part of the case.
MR. JOSLIN: You can rest assured that we would like nothing
more than to try to resolve this for you, but at this moment we have to
follow to procedure. That's basically what it comes down to.
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Jan~a~ 1'6, 20t8A 3
CHAIRMAN DICKSON: I agree with the county and the
legalese here. As soon as we heard that he's heavily medicated, that
ended it.
MRS. McBRIDE: When will I know something then? When
will this be resolved?
CHAIRMAN DICKSON: As soon as Michael gets together
with the county attorney here and we get some form that makes sure
that we're clear. Because with the testimony we had here today,
anything we could have done would have been reversed. And we
don't want that to happen, neither do you.
MR.OSSORIO: Mrs. McBride, how does the third Wednesday
of February sound? Are you going to be in town or do you want to
wait until March?
MRS. McBRIDE: No, I don't want to wait. That sounds fine.
MR. OSSORIO: Okay. I'm pretty confident that we're going to
have this discussion the third Wednesday of February.
MRS. McBRIDE: Could we have it early in the session?
CHAIRMAN DICKSON: Yeah, I was going to suggest that.
Let her go first. She waited this whole session. I don't have to follow
this schedule. You're number one.
MRS. McBRIDE: All right, I'll see you then. Thank you.
CHAIRMAN DICKSON: I apologize again. Thank you ma'am.
Okay, we are not going to hear that today, so Andy, thank you
for your time, but we're sure going to probably hear it next month.
Next item -- and she will be number one on the agenda. They'll
get -- all those people wanting second entities and everything will get
to see a case.
MR. OSSORIO: Mr. Dickson, just housekeeping. The
contractor licensing forms, I'm going to go ahead and withdraw that,
wait till next month. I want to talk to Mr. Zachary in a couple of days.
So I really want to get more clarification before we discuss it. But we
do have a public speaker here, though, today.
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Jan~~ l6, 2Jo~ 3
CHAIRMAN DICKSON: Have what?
MR.OSSORIO: We do have one public speaker.
CHAIRMAN DICKSON: Okay.
MR. OSSORIO: It's Lisa Koehler, she's here in the audience. I
think she wants to say a couple of words to you.
CHAIRMAN DICKSON: Good morning, or afternoon now.
MS. KOEHLER: Yes, good afternoon. I didn't have to do this
under public speaking, but --
MR.OSSORIO: I think you should.
MS. KOEHLER: I think I should.
I wanted to come today and say good-bye. I have left
community development and taken a new position in the
transportation division. So I'm still with the county, but I'm not the
PIO anymore.
But it has been a pleasure working with you. I have completely
enjoyed this. And I think I've told you on many occasion, it's the best
board I've ever worked with in my career, not just at Collier County,
but in all of my past positions for government. And it has truly been a
pleasure working with you all.
CHAIRMAN DICKSON: Well, you're the one and only who
we've ever seen. Gosh, it's been a joy to work with you. You come to
the meetings, you sit through all this. You report, we get stuff in the
news media to people. I'm devastated that you're leaving.
MS. KOEHLER: And because of the current situation with
staffing levels, they're not going to be filling my position at this time.
There's a few people that are trying to take over some of the duties.
And so I'm sure if you guys have a big case and we need to get
information out, there will be avenues still available to you. You'll
just have to work with Mike, and Mike will have to--
CHAIRMAN DICKSON: What are you doing at the
transportation department?
MS. KOEHLER: I'm now a principal. I'm working on a bridge
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Janu~6J 20J A ~
study, impact fees, GMP amendments, Land Development Code
amendments, new ordinances, corridor management.
CHAIRMAN DICKSON: Wow.
MR. BLUM: We'll be seeing you at the productivity committee,
I'm sure.
MS. KOEHLER: I'll be at the planning commission on
Thursday . Yes, just thrown right in.
CHAIRMAN DICKSON: I know I speak for everybody here,
you will definitely be missed.
MS. KOEHLER: Thank you very much. It has been a pleasure.
I didn't just want to disappear. I started transportation, now this is like
Iny tenth or 11 th day. But I wanted to come back and say good bye. I
didn't just want to disappear, so it's been a pleasure.
CHAIRMAN DICKSON: I wish you well.
MS. KOEHLER: Thank you very much.
MR. BLUM: Norm Feder is a good boss. You'll enjoy being
over there. They're good people over there, great people.
MS. KOEHLER: It is. Of course, it's always hard leaving. I've
worked with Joe Schmitt for five years, and that's been a pleasure and
an honor. But I heard great things about Norm, too, so it's a win-win.
MR. BLUM: It's a well run ship over there.
MS.I(OEHLER: Yes, it is.
CHAIRMAN DICKSON: Thanks, Lisa.
MR. BAR TOE: Lisa, would you like us to subpoena you to
come to one of these meetings once in a while?
MS. I(OEHLER: It'd be nice.
MR. JOSLIN: I'll make that motion for sure.
MS. KOEHLER: Be an expert witness for you.
CHAIRMAN DICKSON: One more housekeeping item.
Resignation of one of our members; William Louis. He did send this
note on January 7th.
It is with sincere regret that I tender my notice of resignation
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Janu~ ~i 200! A ~
from the board.
His current situation, he is out of town regularly. He's working
up in Georgia, I believe it's Georgia, isn't it, and unable to commit to
attending the board's meetings. I therefore feel compelled to vacate
the appointment granted me in favor of a new appointee.
Bill was the general contractor representative on the board. So
we need another general contractor. And it's important that we find a
general contractor. We need that position filled.
I wish to express my gratitude to all the members of the board,
both past and present, who serve on the community without reward __
he jus didn't get his paycheck -- and complete their responsibility with
professionalism and commitment.
So we wish Bill well. He was on this board how many years,
six, wasn't it? Five or six? So he shall be missed.
MR. GUITE': I didn't get my paycheck either.
CHAIRMAN DICKSON: Oh, you haven't? Maybe I'm getting
all your checks.
MR. BLUM: Get at the end of a very long line.
MR.OSSORIO: Mr. Chairman, I believe it's going to be
advertised sometime this week. And we did put our e-mail to Brenda
Talbert, she's the executive director for the CBIA. And she's put it to
her members. I think we're going to get a strong candidate for the
licensing board.
CHAIRMAN DICKSON: That's why if you know a general
contractor that's really strong, go after him. That's an important
position on this board. We need 'em.
Anything else?
MR. BLUM: Yes. I'd like to propose -- to me one of the things
lacking, and we all come on this board with stars in our eyes and high
hopes of community participation of doing the right thing to help -- for
consumers and ourselves. But one thing I think is seriously lacking is
any kind of -- I don't want to use direction, but I think there should be
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January 16, 2(tof
3
a general meeting regularly held, maybe it's once or twice or three
times a year of the board to discuss procedure, ways of doing things,
how things are done.
I'd like to see a meeting of this board either preceding or
superseding a regular meeting, where we can have a general
discussion amongst ourselves. And I'd like to propose it to be
following the next regularly scheduled meeting. It would have to be
noticed because of our Sunshine restrictions. But I'd like all of us as a
board to get together and hash out a few issues amongst ourselves.
MS. I(ELLER: Are you putting us in counseling?
MR. BLUM: No.
MR. NEALE: Well, one of the things included in the ordinance,
in the contractor licensing ordinance is a provision whereby the board
is empowered to adopt its own policies and procedures for operation.
And so that would be an appropriate time for the board to propose
those and to vote upon those.
The other thing that I think, Mr. Blum, you might want to
consider and the board may want to consider is a -- some sort of an
orientation for new board members.
MR. BLUM: Absolutely.
MR. NEALE: Because I can imagine, you know, those of us
who have been here a long time, we talk in shorthand, 489 and, you
know, 1.6.7 and blah, blah, blah. We start blathering along very
quickly. And I can imagine for a new member who --
MR. BLUM: It's intimidating.
MR. NEALE: -- it could be very intimidating. So potentially
have some sort of a brief orientation when new members come on
board, either one-on-one or whatever.
MR. BLUM: That's one of the things I wanted to bring up in
discussion is potentially having an orientation meeting, whether it's
the Chairman getting together with that particular person, which
would not have to be sun-shined, or however we're going to do that.
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Orientation, information, procedures, all those things, I think us as a
sitting board now need to discuss that and come up with things to do
and a gentle airing out of our positions.
It does have to be noticed, so it would be a regularly noticed
meeting, and we can put it on the agenda that following the normal
proceedings there will be a meeting of the board. Anybody choosing
to sit in and just listen is welcome to do so, and we can go ahead.
So I don't know if anybody else agrees with that, but that's what
I'd like to see happen.
, CHAIRMAN DICKSON: Non-recorded?
MR. NEALE: It would be a workshop sort of thing.
MR. BLUM: If you wanted to do it like we have -- I can only
speak for productivity, for example, we do that type of thing. But we
do have -- and staff will provide a tape recorder. If you tape these
things, then if somebody asks later, at least you can say this is what's
said and this wasn't said.
So my recommendation is that we do tape it and the tape be
made available, and maybe we can have somebody transcribe it if the
need arises. But that would be something I would suggest that we do
from prior experience on advisory boards.
MR. NEALE: Are we going to be at the commission chambers
next time? So it would be easy to tape it then.
CHAIRMAN DICKSON: My only question with that, besides
orientation of maybe a new member, which could be done over lunch,
I don't see a need for it.
MR. BLUM: Well, if I'm the only person that does, then it won't
happen.
MR. JOSLIN: I tend to disagree with you, Les, only because of
the situation that happened today. I'm not really -- I mean, I'm not
really upset with either one of the board members or with staff, but I
do think that this one case that came before us today was a little
unnecessary and bizarre. And luckily we weren't on TV, because I'm
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afraid it would have came back to haunt us.
I don't think that after I've been on this board for nine years that I
like to see cases or tickets, violations, or other things happen here
come before us and then only to be discussed and kicked around and
then all of a sudden dropped and it's out the window and we don't talk
about it or we don't act on it. I think that's our position. I think that's
our job to do.
And these gentlemen, they're out here doing their work and
doing their jobs, investigating all these things and bringing these cases
before us. They wouldn't bring them before us if there wasn't a need
for it or if they didn't really commit the violations. So how stiff we
are on them or what penalties they get is what the board decides when
it actually comes before us.
So these are things probably to be ironed a far as at what point
do we say I'm going to cancel the ticket or we'll drop it here. It should
be done before it gets here. That way we don't have to hear that. It
doesn't have to come before --
MS. KELLER: I felt like the vote was going in one direction
and all of a sudden it went like that, and all of us were still going in
that direction and were like, wait a minute.
MR. JOSLIN: Although, this particular case today, I think we
all had feelings for the man, you know, that was before us.
MR. BLUM: I don't want to beat to death what we already did
today. That was the reason why I brought it up the way I brought it
up. I don't need Mr. Ossorio to defend himself. I don't need any of us
to cast aspersions at anybody. But I would really like to see us as a
board meet and let anybody and everybody on the board bring up
whatever they think is relevant.
And to beat up what transpired I think is really not necessary at
this point.
MR. GUITE': I agree with you. And I think that it would give
us a time when we can talk things over so we don't get an issue like
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which kind of leaf blowers are allowed. Because--
MR. BLUM: I think all of us should submit a list of topics
possibly, if we get an agenda put together, and give it to -- we must
have somebody who's liaising for us at this point, be it Mike Sheffield
or whoever at the county. And we all may have different ideas of
what topics we would like to discuss. So they could be submitted. If
everybody wants to send me individual topics and then I will present
that liaison with all of them, that's something we can legally do as
well. Or get them to Mr. Dickson as chairman and he can submit
them.
MR. OSSORIO: Just a quick question, Mr. Joslin, you made a
point that staff brought this citation forward. Staff did not bring the
citation forward. This was the complainant or the violator bringing it.
And you're absolutely right. If the violator did come to my office and
we did sit down and discuss it and we went through the section of the
code and we did go point by point by point, we probably wouldn't be
here today.
Unfortunately this gentleman did not come down to the office
within the ten day prescribed period and discuss it, he decided to
discuss it in front of the licensing board, which is his purview. And it
is my purview to go ahead and dismiss it. And I did not bring this
action to you, this was the gentleman bringing it to you. And maybe
we will have -- the workshop will clarify what staff does and how we
conduct our business and how we conduct the investigation out in the
field and how we go ahead and provide, get the information from
violators or complaints or show proof of payment to be considered a
statutory contractor.
Just because I'm cutting a tree doesn't mean I'm a tree contractor.
MR. BLUM: Michael, I wasn't asking or looking for you, and
that really isn't what this is about at all. I have no problem with any of
the things you're saying.
I'm talking about us as a Board of County Commissioners, that's
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what I'm talking about, and what we do and how we do it.
MS. KELLER: I was also commenting earlier about how
because the economy is the way it is, we're going to have a lot more
cases coming in front of us that have credit issues on their
applications, and there's some things that we probably should discuss
beforehand, so we don't end up doing it here, that we come up with
some ideas of how we're going to look at things. Are we going to
change how we're looking at things, are we going react to that, are we
going to ignore it, are we going to do business as usual. So there are a
lot of things --
MR. BLUM: Some potential outlines --
MR. NEALE: As counsel to the board, I wouldn't mind having
the opportunity to go over some of the things like -- even though the
board does them on a regular basis, what the tests are for financial
responsibility. What the qualifications are for certain things. What
the procedures are for a hearing. How they go forward. Even though
they're done all the time and the chair does a great job at handling
them, if the chair's absent or the vice chair's absent, we want to make
sure that everybody is aware of how those things go and why they're
done the way they're done. Because I think in your role as the face of
the board, when somebody in the public asks you, well, why do you
do that, at least you have the ability to say well, we do that because.
So I would be happy to have the opportunity to present to the
board just sort of the nuts and bolts. Even though everybody here
knows them pretty well, you know, a review is never really a bad
thing.
MR. BLUM: That would certainly be a welcome addition to
what I'm talking about.
MR. JOSLIN: I have a lot of respect for this board. Just to let
everyone know. After this many years, I still have a lot of respect for
staff, how they bring us the cases, for how the attorneys handle how
we do these meetings every month. How Les handles the chair to
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keep it moving, and everything goes in order like it's supposed to.
So this is nothing to be derogatory towards Michael or staff or
anybody else or in agreement with Mr. Blum, it's just something I
think that we probably do need to do, just to clear and air out all the
feelings and then air out how we're going to proceed here. It's a new
year so might as well get a new start.
CHAIRMAN DICKSON: That's fine with me.
MR. GUITE': With the economy the way it is, we're probably
going to hear a lot more cases, all different types, not just financial.
MR. NEALE: Just based on the kind of --
MS. KOEHLER: We need to have some standards and ideas
about how we're going to uniformly deal with it --
CHAIRMAN DICKSON: You're driving her crazy. She's about
to get a headache.
MR. NEALE: Based upon the clients that I'm seeing come in
my door now and the kinds of calls I'm getting, and just the sense that
I'm getting from talking to contractors and such, the kind of case, Mr.
Harmison's kind of case, and the bad credit reports and the multiple
foreclosures and stuff: that is not going to be the exception for the next
year or so, that's going to be the rule.
CHAIRMAN DICKSON: The other thing you might want to --
MR. NEALE: -- Mr. Ossorio can comment on that because he
knows what's in the pipeline better than any of us. But I would say
that he could probably support what we're saying.
CHAIRMAN DICKSON: I agree we do it next month, because
one of the issues I want to bring up is the last two meetings we've had
under discussion some weird things that took up a lot of time. And we
need to put an end to that.
We had it last month with people that just want to argue for the
sake of arguing. They don't have a leg to stand on but it's all under the
premise that anyone has a right to come before this board. I don't
know if I agree with that. I would want to see that in writing, because
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not everyone has the right to take up the time of this board.
MR. NEALE: What the board has the ability to do, and that
goes back to setting its own procedures, is what City Council of
Naples, City Council of Marco Island, County Commission has all
done, and that is set a time limit for public speakers other than those
presenting a case.
And certainly that is something the board could adopt by
resolution as a procedure, that if someone does come up as a public
speaker, they're limited to five minutes. And that certainly is
something the board could do by procedure.
MR. BLUM: Along with that, people in general, when they get
up at that podium, they state their case, they're full of themselves and
their own righteousness, which we all do, but they also think that they
have a right to expect an answer. And I don't think because someone
poses a position, and I don't want to get into specifics, that we, the
chairman or any of us, should feel obligated to respond.
So I think it needs, as part of that premise, it needs to be stated in
words to that effect, you -- anybody wants to state a petition, that's
fine. Please understand, you'll state your position, you'll have X
amount of time, thank you and good-bye. We're not necessarily going
to respond. Because that's not what we're here for is to respond.
I've caught myself short many times feeling I got to say
something to defend it. Well, we don't. Just because you ask a
question doesn't mean you're going to get an answer. And that's not
what we're here for is to answer general questions. They can put them
in writing to staff.
So I think that's one of the things I wanted to bring up, is not
necessarily we have to respond to general statements.
CHAIRMAN DICKSON: Okay, we'll do that next month.
Won't be -- we will not have the recorder. We get our room back next
month. If you all note that. And we are going back to the regular
time, I assume, 9:00? Good.
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MR. BLUM: I'd like to make sure that staff, whosever here
listening, we do have the facility to get it recorded, though, by some
mechanical means.
CHAIRMAN DICKSON: That's easy.
MR. OSSORIO: I'll talk to Sue Filson after the board meeting,
if we do have the room. Ifit's not going to be occupied by another
board, is that we'll have -- you won't be on the board itself but you'll
be in a round table discussion, so we'll sit across from each other--
MR. BLUM: The county manager's room there right around the
corner, is ideal. At least 25 people can fit in there with no problem,
13, 14 around the table.
MR. BAR TOE: At the beginning of every year we reserve that
room for the entire day. Of course it gets changed on us periodically.
Here we are today.
MR. OSSORIO: There's no guarantee that we could get booted
for next month. Fortunately our board meets on Wednesday, the BOC
meets on Tuesday, and if the agenda is heavy on Tuesday it overflows
on Wednesday, and here we are in the same position.
MR. BLUM: We can still do it.
Is there a general consensus that we're going to do this and put it
on the agenda that following our normal meeting, at our next regularly
scheduled meeting we will get together as a workshop roundtable
discussion amongst ourselves?
MR. JOSLIN: Yes.
CHAIRMAN DICKSON: I thought we made that clear.
MR. BLUM: I haven't heard from Mr. Herriman yet.
MR. HERRIMAN: You're going to have sandwiches delivered,
right?
CHAIRMAN DICKSON: I thought I made it clear.
MR. JOSLIN: Are you bringing sandwiches?
MR. BLUM: Sure, absolutely.
CHAIRMAN DICKSON: There will be some common sense
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invoked ifhe brings five cases at us and we're there at 5:30 at night,
no, it's not going to happen.
Any other --
MR. OSSORIO: It very well might happen. Because we're very
busy and we have a lot of cases.
MS. KELLER: Should the cases corne before the new business?
I was thinking that, that these homeowners that have just dragged
through the coals are sitting there forever for these people that want to
open another company. And I always feel bad for them sitting there.
CHAIRMAN DICKSON: But those should go faster and they
should go faster than what they've been going.
MS. KELLER: I just really feel for the people that are sitting
out there for a couple of hours waiting to hear --
CHAIRMAN DICKSON: That's why I sit up here and drive
things and push things. And when attorneys tell me we should do
something for this way, I don't expect a lay board to argue with them,
which is one of my gripes on this board.
When those two people say this is the way it's going to be, that
ends it, because they're the ones that keep us out of the courtroom and
they're hired by the County Commissioners. So that's kind of the
word of law over there. And I follow exactly what they say . You've
never heard me argue with them, nor will I.
Next meeting, 9:00, is that right?
MR. OSSORIO: (Nods.)
CHAIRMAN DICKSON: Any other discussion? I have a
motion to adjourn?
MR. JOSLIN: So moved.
CHAIRMAN DICKSON: Second.
******
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January 16, 2008
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There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:55 p.m.
COLLIER C~:ONTRACTOR
LICE~G ~ .......
LES DICKSON, 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'
NOTTINGHAM
Page 80
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Fiaia
Halas
'JHenning
'Coyle
Coletta
MIND ES OF THE MEETING OF THE COLLIER COUNTY
HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
161
August 29,2007 MAR 25 2008
1 A ~ Board of County Commissioners
RECEIVED
Naples, Florida, August 29,2007
LET IT BE REMEMBERED, that the Collier County
Historical/Archaeological Preservation Board, in and for the County of
Collier, having conducted business herein, met on this date at 9: 15 A.M. in
REGULAR SESSION at the Collier County Community Development
Services Division Conference Room #610, 2800 N. Horseshoe Drive,
Naples, Florida, with the following members present:
CHAIRMAN: Elizabeth Perdichizzi (absent)
VICE CHAIRMAN: Thomas Franchino
Sharon Kenny
John Thompson
William Dempsey (absent)
Patricia Huff
Ardavan Moaveni (absent)
STAFF PRESENT: Amanda Townsend, Public Services
Cheri Rollins, Zoning Dept.
Jeffery Klatzkow, Assist. County Attorney
Ray Bellows, Planning Dept.
Mise, CorTeS:
Date:
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1. Roll Calli Attendance:
The meeting was called to order by Vice Chairman Thomas Franchino at 9:15
A.At.
Roll Call was taken and a quorum was established.
David Tetzlaff of the Naples Zoo was also present.
2. Addenda to the Agenda
Ray Bellows handed out 3 documents for the Boards review:
. A National Trust for Historic Preservation Packet
. An Economic Impact Flyer from the State Dept. of Historic Resources
. A book published on DisasterPlanningfor Historic Resources
3. Approval of Minutes: July 18, 2007
John Thompson moved to approve the minutes of July 18, 2007, as presented.
Seconded by Sharon Kenny. Carried unanimously 4-0.
4. Department of Zoning & Land Development Review Report
Ray Bellows stated they are in the processing of preparing the Certified Local
Government Report which outlines the activities of the last calendar year. It
needs to be submitted to the State by October.
5. Old Business
A. Nehring's Tropical Garden Update
Ray Bellows stated that the Executive Summary is to be taken up by the Board of
County Commissioners on September II, 2007.
Amanda Townsend circulated a revised draft of the Executive Summary for
review. The revisions approved on July 18, 2007 were contained in the
document presented herein today, but there have been some minor alterations
subsequent to the approval. A discussion ensued with emphasis on one area of
concern:
. The wording on page 2, paragraph 2 contained a statement that the HAPB
reviewed the draft Naples Zoo Master Plan and plans for a north-south service
road and recognizes that as presented these plans are consistent with the
recommendations put forth in this executive summary.
Jeff Klatzow arrived at 9:30 AM.
It was determined that HAPB has not officially reviewed the draft Naples Zoo
Master plan and plans for the service road and that the wording needed to be
revised to indicate that "The HAPB recognizes that there are development plans
for the site. These plans are attached as Exhibits D,E, and F, depicting the
Naples Zoo Master Plan and the North-South service road parallel to
2
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August I bOl
Goodlette-Frank Road. These plans will require a Certificate of
Appropriatenessfrom the HAPB at the time of issuance of the appropriate
Development Order. "
l~~
Amanda Townsend left the meeting at 10:15 AM to revise the Executive
Summary. The item was tabled.
B. US 41 Scenic Highway Designation Status
Ray Bellows circulated a letter dated August 3, 2007, sent by Collier
Metropolitan Planning Organization regarding a September 14th MPO meeting
that will reconsider the designation of the status of US 41 as a Scenic Highway.
It was determined that the staff should notify Elizabeth Perdichizzi to attend the
meeting to represent the HAPB Board.
6. Review of Recommendation of Member Application - Elizabeth Perdichizzi
Elizabeth Perdichizzi's application for reappointment to the Board was
circulated.
John Thompson moved to approve the application for her reappointment to the
Board to be submitted to the BCC for their approval. Seconded by Patricia
Huff. Carried unanimously 4-0.
7. Discussion of Addenda
None
8. Announcements
Ardavan Moaveni is ;tepping down and will need to be replaced to represent the
"law" category.
Amanda Townsend returned at 10:27 AM for continuation of New Business.
C. Mar-Good Resort Status - HD-2006-AR-I0679
Amanda Townsend provided an update on the Mar-Good Resort Neighborhood
Park Site Plan Application.
. A thorough site inventory has been completed, including which buildings will
remain or be demolished.
. A final development plan which is to include funding sources will be prepared
and submitted within the next few months.
· For temporary public use, a neighborhood site plan being prepared for approval
to reconfigure the green space.
. A canoe kayak launch will be provided, but no boat launch.
Continuation of Nehring's Tropical Garden Update
Amanda Townsend circulated the revised draft of the Executive Summary.
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August 29,2007
161
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Patricia Huffmoved to approve the revised executive summary presented
subject to the following:
On page 2, paragraph 2, line #6 to read "recognizes that there are conceptual
development plans for the site".
Seconded by Sharon Kenny. Carried unanimously 4,..0.
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 10:42 A.M.
Historical/Archaeological Preservation Board
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These minutes approved by the Board/Committee on
as presented ,j or as amended
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September 19, 2007
161
MINUTES OF THE MEETING OF THE COLLIER COUNTY
HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
Naples, Florida, September 19,2007
LET IT BE REMEMBERED, that the Collier County
Historical/Archaeological Preservation Board, in and for the County of
Collier, having conducted business herein, met on this date at 9: 15 A.M. in
REGULAR SESSION at the Collier County Community Development
Services Division Conference Room #610, 2800 N. Horseshoe Drive,
Naples, Florida, with the following members present:
CHAIRMAN: Elizabeth Perdichizzi
VICE CHAIRMAN: Thomas Franchino
Sharon Kenny (excused)
John Thompson
William Dempsey
Patricia Huff
STAFF PRESENT: Amanda Townsend - Public Services
Cheri Rollins - Zoning Dept.
Jeffery Klatzkow - Assist. County Attorney
Melissa Zone - Planning Dept.
Jeff Wright - Assist. County Attorney
Phil Tindall - CC Transportation Planning
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1. Roll Calli Attendance
The meeting was called to order by Chairman Elizabeth Perdichizzi at 9:15 A.M.
Roll Call was taken and a quorum was established.
Ted Hudgins and Ray Carroll of the Naples Zoo were also present.
September 19, 2007
161
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2. Addenda to Agenda
Item # 5, Old Business was taken up after minutes approval.
3. Approval of Minutes
Mr. Thompson moved to approve the minutes of the August 29, 2007 meeting. Second by
Ms. Huff. _ Carried unanimously 5-0.
4. Old Business
A. Waiver Request - Riley Dredge Project
The Board reviewed a Waiver Application from the Required Historical and Archeological
Survey and Assessment submitted for the Riley Dredge project located at 11811 Little Marco
Island.
Mr. Thompson moved to approve the waiver request. Second by Mr. Dempsey. Carried
unanimously 5-0.
5. New Business
A. Transportation Presentation on Access Road - Nehring's Tropical Garden
Mr. Tindall of the Collier County Transportation Planning Department appeared before the
Board requesting a waiver ofthe Certificate of Appropriateness process for the portion of the
proposed access road that crosses the NerhingTropical Garden parcel. He cited policy 9.3 of
the Transportation Element of the Growth Management Plan as well as Section 6.06.01.8. of
the Land Development Code which indicated the requirement for the road to be constructed.
Ms. Zone reported that the Survey and Assessment prepared in March 2007 included this
portion of the parcel. The location of the proposed road was not in an area to be determined
of "great importance".
Ms. Townsend further stated that during the Survey and Assessment, measurements were
taken to ensure the proposed road would not affect any of the historic resources found on the
site.
Mr. Dempsey indicated that a possible condition of the waiver could be 'requiring a Certified
Archeologist on site during the construction to inspect the site as it is excavated.
Concern - Mr. Franchino stated that they are being asked to exempt a project when the
proper procedure required by the County would be to apply for a Certificate of
Appropriateness with a proposed plan for review and allow the Board to make a
determination whether or not the project is consistent with the Historical and Archeological
2
September 1'fb7j 1 Ai
features of the site. In addition, having a Certified Archeologist on site serves no purpose
because they have a waiver.
Mr. Dempsey moved that a waiver from the Certificate of Appropriateness process for the
design and initial construction of the proposed roadway over the Nehring's tropical garden
site be granted subject to the following conditions:
1. That a Certified Archeologist be present during all excavations in conjunction with
roadway to monitor construction.
2. The waiver is reconsidered by the Board in the event and Archeologist finds something
of Archeological or Historical Significance.
Second by Mr. Thompson. Carried 3-2. Mr. Franchino and Ms. Huffvoted no.
Ms. Zone stated that this recommendation would appear in the Executive Summary as the
Boards recommendation; however she will recommend that the design and construction of
the roadway be exempt from the Certificate of Appropriateness process.
NavIes Zoo Discussion
Mr. Carroll and Mr. Hudgins appeared before the Board regarding the future relationship
between the Board/County and the Zoo in regards to the Nehring's parcel historic
designation and land use restrictions.
Mr. Carroll stated that he felt the Board and/or Executive Summary should focus on the
areas of concern outlined in the Survey and Assessment as opposed to the whole Nehring
Tropical Garden parcel. If the whole Nehring Tropical garden parcel is designated they
would seek an exemption from the Certificate of Appropriateness process in the areas
affected by the implementation of their Master Plan (a Master Plan required by the County).
The Board indicated they were under the impression that the Naples Zoo concerns had been
addressed in the Executive Summary and all parties were in agreement. The Board noted the
following:
. Any development on the Zoo property that triggers the Land Development Code will
be required to proceed through the County permit process; if it falls within the
designated Nehring's parcel, then a Certificate of Appropriateness would be required.
. The Nehring's parcel designation can be favorable for tax incentives, grants and
possible waivers for certain building codes and Land Development Code
requirements.
Ms. Zones stated that she has asked for support and recommendations from the Zoo Board
regarding the Executive Summary. Their input aids in making the Summary stronger.
Anything specific that they would request, she would be willing to place in the Summary,
3
September 19, 2007
16,
even if it is different than the Historical and Archeological Preservation Board's
recommendations.
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Mr. Carroll questioned whether the Zoo Board and Archeological Preservation Board could
"co-sponsor" the Executive Summary as opposed to the HAPB sponsoring it alone.
Ms. Zone stated that this was the original intent but were instructed by Public Services that
this was not the process, but she would welcome this if plausible.
Mr. Carroll will communicate this conversation to the necessary parties on his end.
Mr. Hudgins re-iterated the Zoo Boards concern over designating the whole Nehring
Tropical garden parcel as opposed to just the areas identified in the Survey and Assessment
and the permits required for various activities.
Ms. Zone re-iterated any activities on the entire Zoo property that trigger the Land
Development Code require proceeding through the County permit process.
Ms. Huff left the meeting at II :00 A.M.
6. New Business
A. LDC Amendment
Ms. Zone submitted a draft of proposed revised amendments to the Land Development
Code. She reviewed the proposed changes and intends to re-submit it to the Board in'final
form at a future date. After a section by section review, the Board agreed all proposed
changes were favorable.
7. Discussion of Addenda
None.
8. Announcements
Ms. Perdichizzi stated that at the request of the Board she attended the Metropolitan
Planning Organization meeting regarding the US 41 Scenic Highway designation and stated
the Boards position. The designation failed by a vote of 4-3.
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 11:31 A.M.
HistoricaV Archaeological Preservation Board
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These minutes approved by the Board/Committee on
as presented ;/ or as amended
5
September 19, 2007
11/;2/107
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November 21, 2007 ~
16\ 1~
MINUTES OF THE MEETING OF THE COLLIER COUNTY
HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
Naples, Florida, November 21, 2007
LET IT BE REMEMBERED, that the Collier County
Historical/Archaeological Preservation Board, in and for the County of
Collier, having conducted business herein, met on this date at 9: 15 A.M. in
REGULAR SESSION at the Collier County Community Development and
Services Conference Room #610,2800 N. Horseshoe Drive, Naples, Florida,
with the following members present:
CHAIRMAN: Elizabeth Perdichizzi
VICE CHAIRMAN: Thomas Franchino
Sharon Kenny
John Thompson
William Dempsey
Patricia Huff
OTHERS PRESENT: Cheri Rollins, Zoning Dept.
Melissa Zone, Principal Planner
Jeff Wright, Assist. County Attorney
I
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November 21,2007
161
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1. ROLL CALL/ATTENDANCE
The meeting was called to order by Vice Chairman Franchino at 9: 15 AM
Roll Call was taking and a quorum established.
2. ADDENDA TO THE AGENDA
Patricia Huff added Historic Designations of JT'S Island Grill and Frances Hodge
Community Center to the Agenda under New Business.
3. APPROVAL OF MINUTES: SEPTEMBER 19, 2007
Mr. Thompson moved to approve the minutes of the September 19, 2007 meeting.
Second by Mr. Dempsey. Carried unanimously 5-0.
4. DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REPORT
None.
5. OLD BUSINESS
A. RECAP OF NEHRLING'S TROPICAL GARDEN - NAPLES ZOO
HISTORICAL DESIGNATION
Melissa Zone, Principal Planner provided an overview of the Board of County
Commissioners Public Hearing regarding the Nehrling's Tropical Garden
Historical Designation. The Board of County Commissioner's were unwilling to
designate the entire 13 acre parcel, but would be in favor of designating specific
plantings and buildings as opposed to the "land".
Elizabeth Perdichizzi arrived at 9:30AM
Melissa Zone submitted a document and maps outlining a proposed Historic
Designation which incorporates 7 recommendations (items).
Mr. Franchino moved to place this issue on the next agenda to see if the 7 items
put forth come back with the Unconditional support of the Zoo people and
Public Services for Collier County and based on whether it does or not, and
will decide what to do at that point. Second by Mr. Thompson. Carried
unanimously 6-0.
6. NEW BUSINESS
A. REVIEW AND RECOMMENDATION OF MEMBER APPLICATION
(BOLIN, LOIS)
The Board reviewed the application of Lois Bolin requesting appointment to the
Historical and Archeological Preservation Board.
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Mr. Thompson nwved to not recommend the ~ppoin/nU!nt secom;t ~ ~u.tf.l A *
Carried unanimously 6-0.
B. COUNTY MANAGER JIM MUDD AND DEPUTY COUNTY MANAGER
LEO OCHS CONTACT INFORMATION
Melissa Zone provided a handout that provided the email and phone number of
the County Manager and the Deputy County Manager.
C. HOLD THE DECEMBER MEETING ONE WEEK EARLIER
(DECEMBER 12th) TO ACCOMADATE ANY HAPB MEMBER WHO
WILL BE AWAY FOR THE HOLIDAYS
The Board determined that the next scheduled meeting will remain as December
19,2007.
D. HAPB BROCHURE SUB COMMITTEE WILL MEET IMMEDIATELY
FOLLOWING THE CONCLUSION OF THE DECEMBER HAPB
MEETING
The Board determined that the Brochure Sub Committee meeting will
immediately follow the December 19,2007 meeting.
E. FRANCES HODGE COMMUNITY CENTER
The Board reviewed the Application For Historic Designation of Frances Hodge
Community Center Petitioned by the Everglades Society of Historical
Preservation.
Mr. Franchino moved to approve the Historic Designation. Second by Mr.
Dempsey. Carried unanimously 6-0.
Mr. Dempsey left the meeting at IO:45AM
F. HISTORIC DESIGNATION - JT'S ISLAND GRILL
The Board reviewed the Application for Historic Designation of JT' s Island Grill
Petitioned by owners Patricia and Steve Huff.
Mr. Franchino moved to approve the Historic Designation. Second by Ms.
Kenny. Motion carried 3-0. Ms. Huff abstained.
7. DISCUSSION OF ADDENDA
None
8. ANNOUNCEMENTS
A. CONGRATULATIONS TO BETSY PERDICHIZZI FOR HER
REAPPOINTMENT TO THE BOARD
The Board recognized Ms. Perdichizzi's appointment.
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November 21,2007 - \
Ms. Huff noted that on Monday December 3rd, will be the opening of Jerry
V alez' s Historical Paintings of Everglades City Exhibit.
The 60th anniversary of Everglades Park dedication on December 6, 2007. ..
Larry Perez's author of "Words on the Wilderness" will be speaking on December
12,2007 at Everglades Historical Society at 5:30 PM at the Seafood Depot.
Mr. Thompson noted Addison Key's first Archeological Report has been issued.
Ms. Perdichizzi noted the Art Interprets History has received grants for funds for
re-interpretation the history of the 4 historic areas around Marco Island.
On December 4th Bob Carr will speak at Mackle Park, with a field trip the
following day.
On January 8, 2008 Robert Mcumber on will speak on Naval battles with a field
trip to follow
On February 10, Dr, Markart will speak on Marco and Calusa with a field trip the
fOllOwingfY.
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 11:00 A.M.
Historical/Archaeological Preservation Board
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Elizabeth Perdichizzi, Chairman
These minutes approved by the Board/Committee on / ~ / I 9 J () '7
as presented V or as amended
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February 20,2008
RECEiVED
MAR 1 8 2008
MINUTES OF THE MEETING OF THE PARKS AND Goard of County Commissioners
RECREATION ADVISORY BOARD
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. 1st 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
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ALSO PRESENT: Barry Williams, Director, Parks & Recreation
Murdo Smith, Parks and Recreation
Tony Ruberto, Sf. Project Manager
Annie Alvarez, Senior Man. V
Gary McAlpin, Coastal Zone Man. Dir i\ ':ie, COrrE$:
Date:
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I. Call to Order
The meeting was called to order at 2:04 PM by Chairman Ribes.
n. Pledge of Allegiance and Invocation
The Pledge of Allegiance was recited and Invocation was held.
m. Approval of Agenda
Mr. Olesky moved to approve the agenda subject to the following 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, 2008 minutes subject to
the following correction:
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 permit 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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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, Sf. 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
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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 finalized
. 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 moved 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
unanimously 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
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Capital Project Highlights - Tony Ruberto
Tony Ruberto provided a document entitled "lmmokalee Capital Projects Update" which
provided updates on South Park, Sports Complex, Community Center and Airport Park.
VD. 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.
Mel 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.
VllI. 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 4:04PM.
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February 20, 2008
COLLIER COUNTY PARKS & RECREATION
ADVISORY BOARD
These Minutes approved by the Board/Committee on
as presented )( or as amended_"
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RECEIVED
MAR 2 1 2008 CLAM BAY COMMITTEE
. MINUTES - January 29, 2008.
Board of County Commissioners Naples, Florida _
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LET IT BE KNOWN, that the Clam Bay Committee of the Pelican Bay Services Division Board met in
Regular Session on this date, January 29, 2008 at 10:00 A.M. at The Hammock Oak Center, 8962 Hammock
Oak Drive, Naples, Florida 34108 with the following members present:
Mr. John Domenie, Chairman Mr. James Burke
Ms. Annette Alvarez Dr. Ted Raia
Mrs. Mary Anne Womble
ALSO PRESENT: Two (2) members of the public; One (1) member of the Pelican Bay Services Division Board;
Mr. Gary McAlpin, Collier County Coastal Zone Management; Mr. Tim Hall, Turrell, Hall Associates, Inc.; Ms.
Janice Lamed, District Offices, LLC.; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr.
Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division; Mrs.. Barbara Smith, Recording Secretary
and Carolyn Ford, Gregory Court Reporting
AGENDA
1. Roll Call
2. Approval of Minutes of the December 19, 2007 Meeting
3. Audience Participation
4. Review of Clam Bay Annual Report
5. Discussion on Clam Bay Permit Extension
6. Audience Comments
7. Adjourn
ROLL CALL
CHAIRMAN DOMENIE: Okay. Ladies and gentlemen, we have a full board so let's get started with the
agenda.
The first item, Mrs. Smith, may we have a roll call.
MS. SMITH: Let the record are present with the exception of Ms. Alvarez.
CHAIRMAN DOMENIE: Thank you.
APPROVAL OF MINUTES OF THE DECEMBER 29.2007 MEETING
CHAIRMAN DOMENIE: Then let's go to the next subject, approval of the minutes of the December 19th
meeting. Any comments or corrections?
MS. WOMBLE: I have one. It's minor, if I can find it again, on page 587.
CHAIRMAN DOMENIE: 58??
MRS. WOMBLE: Yeah. It says update. Instead of up there on renewal of ap~R8aPr~;s update.
Date:
CHAIRMAN DOMENIE: Yeah. Up there instead of update?
Item #: I U, LJ A {OA
592
Copies to:
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MRS. WOMBLE: No. Reverse it. Update instead of up there.
CHAIRMAN DOMENIE: That's what I said. Up there instead of update. Okay.
Anything else?
MRS. WOMBLE: Oh, on the present, should we include our reporter who's doing a diligent and wonderful
job? We have Barbara Smith as the recording secretary, but we don't include our reporter.
MR. PETTY: Very good suggestion. At least that way we'll know who to go back to if we don't like the report
later on.
MRS. WOMBLE: Exactly. Know who to talk to.
CHAIRMAN DOMENIE: Any others?
Tim? Ted?
DR. RAIA: No, I'm fine.
CHAIRMAN DOMENIE: Anybody want to make a motion?
Dr. Raia moved seconded by Mr. Burke and approved on a vote of 4/0 to
approve the Minutes as corrected.
AUDIENCE PARTICIPATION
CHAIRMAN DOMENIE: All right. Next subject is audience participation. Do we have anybody from the
audience who wants to say something?
MR. FINLAY: Do you want me to-
CHAIRMAN DOMENIE: Yes, please. Why don't you come and identify yourself.
MR. FINLAY: I'm Doug Finlay, a resident of the City of Naples.
And just to let the other three members know that last week's city council did approve the city purchasing this strip of
property which was known as the Pulling property and then the Buser property thafs at the southern end of the Clam
Pass parking lot. So the City of Naples purchased - or I don't know if they technically already purchased it - but they
approved the purchase of this piece of property which runs, I guess, about 600 feet of mangrove shoreline and then it
runs a couple hundred feet out into the water. It has an access ramp there for launching of kayaks. And it has a
conservation easement on it as well as Seagate still retains the right to pull their boats out on a very limited basis for
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mechanical repairs or things like that. So to let you know the purchase price was $40,000.
DR. RAIA: A purchase from a private --
CHAIRMAN DOMENIE: Dr. Buser-
MR. FINLAY: Dr. Buser.
CHAIRMAN DOMENIE: -- had purchased it from the Pullings.
DR. RAIA: That's part of -- that was part of Collier County?
CHAIRMAN DOMENIE: No. No.
DR. RAIA: That was always city property?
CHAIRMAN DOMENIE: Well, until whenever Seagate --
MR. PETTY: When the annexation of that area occurred in the '80s. It was never part of Pelican Bay. It was
-- it is -- it fronts a canal which was an old dredge-and-fill project which Seagate I guess was arid is referred to.
Dr. Buser had come before this body and had told us of his holding of the land and had offered any
comments that we may have. And he said it was for sale and he was looking to do what was best for the community
and, of course, best for him as a property owner at the same time. But his main interest was for the community's best
interest if I remember correctly.
And that piece sparked some interest at the City of Naples. I'm not clear on how there can be covenants
from the Seagate residents on the ability to pull boats in and out. There must be a deed restriction evidently
somewhere on there.
MR. FINLAY: I think so.
MR. PETTY: But it isn't within Pelican Bay.
CHAIRMAN DOMENIE: Right. My - my only concern would be if they start pulling boats out and change oil
and things like that, that you would have some spills. I don't know why anybody would want to use that for repairs.
don't know what repairs mean, you clean the bottom and things like that.
MR. FINLAY: No, not that. To haul out to take to be repaired.
CHAIRMAN DOMENIE: Oh, okay.
MR. FINLAY: In other words, it will not be used for anything different than it has been used in the past. No
expanded use.
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CHAIRMAN DOMENIE: Except now anybody can have access whereas earlier Dr. Buser had prevented
access to that -- the ramp.
I know that we had a problem I think one time that we wanted to launch something across his property.
MR. FINLAY: He - the access and I, you know, alii can say this has been reviewed by an attorney that was
hired independent of the city attorney, but the access was for -- always has been for Seagate residents only --
CHAIRMAN DOMENIE: Okay.
MR. FINLAY: - on his property that he owned. And that's the way it was I guess set up with Pulling is for
Seagate residents only.
CHAIRMAN DOMENIE: Okay.
MR. FINLAY: That access will remain for Seagate residents only. Not - not me.
CHAIRMAN DOMENIE: No.
MR. FINLAY: Even though I'm in the city, I'm not going to be pulling my boat out there nor are you. But if
you're a Seagate resident, you will be allowed to pull your boat out to take it to the repair shop.
MR. PETTY: That's interesting.
CHAIRMAN DOMENIE: I think what we should emphasize is even after they pulled the boat out, they have
to go over Pelican Bay Foundation property to get access to the parking lot I think just for the record. And there is an
easement for that.
MR. FINLAY: Right.
MR. BURKE: The -- this strip of land right along the canal and then just alongside of it is Foundation property
CHAIRMAN DOMENIE: Right.
MR. BURKE: -- which the public is using to launch canoes and kayaks; right?
MR. PETTY: I don't know if the general public is. I know that it is a part of the amenities of Pelican Bay. If
they opened it up to the general public -
CHAIRMAN DOMENIE: Yes.
MR. HALL: They have in the past.
CHAIRMAN DOMENIE: The storage - the storage - the storage there theoretically is only for Pelican Bay
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residents. But in the past, remember, two years ago we had a lot of problems with kayaks and canoes that had been
there for years and were rusting and they were taken away. And I don't know. I have not been down there recently to
see if anybody's storing anything there.
MR. PETTY: The last time I was there, it was clear. There was - there are on websites of the county reports
that the Conservancy is handling paddle and electric powered canoes touring the Clam Bay system, but I have riot
seen such a structure or facility. So it could just be something that is to be built.
CHAIRMAN DOMENIE: Okay. Thank you.
Yes, Doug.
MR. FINLAY: There is current canoe and kayak storage there now. It's all cleared out and it's come back, I
assume, on a managed controlled basis. Probably every canoe there now has a permit they get from the foundation.
So there is canoe storage there. And my understanding - and I've got this information at home - there is an
easement that has been granted for people to launch.
CHAIRMAN DOMENIE: There is an easement. Definitely there is an easement there.
MR. FINLAY: Right.
CHAIRMAN DOMENIE: Anybody else from the audience?
(No response.)
CHAIRMAN DOMENIE: Kathy, would you just want to tell us about the meeting on the 9th of February?
Identify yourself.
MS. WORLEY: Kathy Worley, Conservancy.
THE COURT REPORTER: Worley?
MS. WORLEY: Worley.
On February 9th Saturday there will a mangrove festival at the Conservancy that is co-sponsored by the
Mangrove Action Group and the Conservancy. There will be a number of speakers there and also free boat rides,
free admissions to the Conservancy. And also booths from other organizations. So it's kind of a get together and
come learn about different things.
CHAIRMAN DOMENIE: Thank you.
Anybody else from the audience?
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(No response.)
REVIEW OF CLAM BAY ANNUAL REPORT
CHAIRMAN DOMENIE: All right. Next subject, review of Clam Bay annual report. I would -- normally I start
talking and I talk too much. So what I would like to do is have - start with Dr. Raia or Mrs. Womble or Mr. Burke and
see what you have to say about it and then I will add my comments perhaps later on. Anybody have any commentS?
MR. BURKE: Right now I'm okay with it.
MS. WOMBLE: Me too.
CHAIRMAN DOMENIE: Ted-
MR. BURKE: You gave it to us on a disk. We don't have hard copies yet.
CHAIRMAN DOMENIE: You have them. You didn't get your hard copy?
MRS. SMITH: I did not send hard copies to those who always get their agendas on disks.
MR. BURKE: I'm not saying I need one. I'm just curious.
CHAIRMAN DOMENIE: I have some comments relating to that, but I also have some other comments if I
may deviate a moment.
MR. PETTY: You're leading, sir.
CHAIRMAN DOMENIE: In the first place I sent the e-mail to Mr. Lukaszandtoyou, Mr. Petty, regarding little
mangroves as well as bigger mangroves that are starting to grow attached to the berm. And there are two comments
that I have. Well, a couple comments.
In the first place, I don't know if the roots in any way would harm the berm. Secondly, as they grow they will
overhang the berm and we will have to trim them. The comments I have heard is that these mangroves along the
berm will block the view of people using the berm and they will not be able to see the water birds.
And the other comment is as these mangroves grow and spread into the water that it will take away the
habitat of the shore birds. So I don't know what our position can be along the berm. I mean, you see everything from
six-inch to six-foot tall mangroves. Can these be cut? Should these be cut? Should we take a position on that?
don't know what the position should be. And I don't know, Mr. Hall, if you would like to comment on it.
MR. HALL: Well, I mean, what I can say is that the berm in the area immediately on both sides of the berm
are part of your water management system. They're an integral part of the distribution of the water coming off the
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development and going out into the mangroves.
CHAIRMAN DOMENIE: Excuse me. Did you identify yourself?
MR. HALL: I'm sorry. Tim Hall with Terrell & Associates - Terrell, Hall & Associates. I still forget that.
So there is actually - Pelican Bay actually has an obligation to keep that portion of the waterway clear so that
water can move the way it was designed to when the system was built. We actually have an obligation to keep
mangroves out of the swale portions of the area on both sides of the berm so that that stays open.
CHAIRMAN DOMENIE: So what should we do when we see all these little mangroves starting? I can
imagine the Mangrove Action Group if they see us removing any mangroves or somebody else they may get very
upset. And I don't know if we're incurring any penalties if we do anything like that.
MR. PETTY: You are - you uncovered a public relations issue that we have in Pelican Bay. When that area,
particularly on Berms 3 and 4 --
CHAIRMAN DOMENIE: Yes.
MR. PETTY: - were converted from cattail to more natural systems and we cut those flushing channels,
basically we put ourselves in this changed position. Eventually the mangroves will creep all the way up to the berm.
The area that we have for viewing the wildlife as we refer to it now is going to disappear rather rapidly over
the next few years. It is doubtful that it will stay a savannah at all particularly with the salt water flushing. As long as
we've got that we'll have mangroves as the predominant species in the area.
So this viewing area that the residents are talking about and are enjoying, we may be getting ourselves in a
pickle because it will be disappearing by design.
Mr. Hall is right. That is part of the water management system. I have a dispersion area on the west side of
the berm. It is for the flow of fresh water to hit those rip-rap walls and then spread out and then go evenly into Clam
Bay, not as a slug but as a nice brown sheet flow. And, yes, we are obligated to keep it clear.
I'm sure that Mr. Lukasz remembers the issue that we've had where we've gone in and maintained the
mangroves and got - and we rang a little belli do believe of the Corps of Engineers on the maintenance. I think we
have a very good outline of exactly what we need to do to go maintain such areas.
But typically anything trying to grow on the berm will be handled just routinely under lawn maintenance. As
we mow the grass, any seedling trying to grow will be taken care of. Anything growing at the toe of the berm or out in
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that 22, I guess, 40 feet out area, something like that.
MR. BURKE: Forty feet out from -
MR. PETTY: Total berm basically it - you can basically tell from the rip-rap dispersion wall that catches the
water, spreads it, that's basically the edge of that easement although we'd have to stake it to get an exact.
Basically that's - that's the back of it. And anything in there we should take care of before it gets to the point
where it may harm the consciousness of the people of Pelican Bay. If we let it grow up to a five or six-foot tall
mangrove and then we rip it out by the roots, people are going to be upset.
CHAIRMAN DOMENIE: Well, there are some that are already over six feet there.
MR. PETTY: And it could be that what we need to do is a replanting program so that we understand the
issues and we do something a little bit more positive rather than maintaining the system. We relocate those trees.
CHAIRMAN DOMENIE: Do we have to go to an agency to get, shall we say, their' okay and explain why
we're doing this?
MR. PETTY: There is a procedure that we follow whenever we do any mangrove maintenance in that area.
CHAIRMAN DOMENIE: Okay.
MR. PETTY: And Mr. Lukasz is fully versed on that and basically can do that as the situation arises as it
should be with your field personnel.
CHAIRMAN DOMENIE: Because most of those are white mangroves, but there's some red mangroves
growing there too more than 10 or 20 feet away from the berm.
MR. BURKE: So we're talking mangroves within that easement line?
MR. PETTY: Yes, sir.
MR. BURKE: Okay.
MR. PETTY: Yes, sir. So that this is something I'm glad you did bring it up. This is an item that we're going
to have to discuss sooner or later. As soon as we took the cattails out and cut the channels we - we converted from
a fresh water body which is what it was before with the cattails into a salt water body. Now mangroves can grow and
they're very aggressive. If you give them the right conditions, they will take everything else out.
MRS. WOMBLE: That can be part of the education program. That can be something that can be added to
or infused into the information we're giving to the public so that they're aware that this will be taking place and not to
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be overly upset about it.
MR. PETTY: I think proper communication is the key.
MRS. WOMBLE: It surely is.
CHAIRMAN DOMENIE: I can perhaps draft an article for the Pelican Bay Post posing the two sort of views.
DR. RAIA: What's the other view?
CHAIRMAN DOMENIE: Pardon me?
DR. RAIA: What's the other view?
CHAIRMAN DOMENIE: Well, one is it's blocking the view of people. And, secondly, it will invade too much
then the water birds will not have a place anymore.
DR. RAIA: I mean, my own perspective, I think it's something that has to be done. We have an obligation to
do it. I think I would -- I would speak to Mr. Cravens as soon as possible and let him know. Let' him decide --
THE COURT REPORTER: I'm sorry. Speak to who?
DR. RAIA: Tom Cravens.
THE COURT REPORTER: Thank you.
DR. RAIA: He's chairman of the Mangrove Committee Action Group. And I agree it's a question of
communication and education and not necessarily justification. And I - in the past I have found the problem being
taking steps to do something that -- that was most likely necessary, but people being surprised by the action taken. I
think we should be up front first before you write any article so that in the article it could be stated that you spoke to
the Mangrove Action Committee and there was understanding of the necessity of doing this.
As far as the mangroves growing in from the west and then someday all those - those lakes, so to speak,
are going to be inundated with mangroves, you know, if - if that happens in our life, I don't think ifs going to happen
overnight. It would be such a gradual process. I don't think you have to say - now - now, all those canals that I
canoe on seem to be as wide as they've always been in ten years and all. And so I -- there is some other mechanism
there that -- that seems to thwart the advance of the mangroves. It may be the movement of the water? So - so I
would not even address that that we're going to try to do anything about it. Let nature take its course there.
MR. BURKE: There - I don't know if this is the time to mention it, but there always does seem to be this
clash between what we have to do environmentally and what we have to do because the people want it to look a
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certain way. Right? But, Ms. Worley, you were there at the meeting Saturday. And there's a lady, I think it's her
second presentation within Pelican Bay. I'm not too sure what her group is. .
MS. WORLEY: She's with IFUS which is the county's -- she's one of the County Extension Agents.
MR. BURKE: In one of her slides she brings up our mowing of the berm, especially the west side of the
berm, which I guess we just mow what -- when as needed. I mean, we don't go in there every week.
MR. LUKASZ: Probably every two weeks during the summer. Every three or four weeks during the
wintertime.
MR. BURKE: And we don't fertilize that either, do we?
MR. LUKASZ: No.
MR. BURKE: But she - she showed the clippings moving into the water and making their way to the gulf.
And as they made their way over there they whiten. Isn't that about right?
MS. WORL Y: They whiten in the photograph.
MR. BURKE: On the photograph. Okay.
CHAIRMAN DOMENIE: Yeah. Yeah. I have questions.
MR. PETTY: Are you serious? Someone actually did this?
MR. BURKE: Yeah.
MR. PETTY: Seriously?
MR. BURKE: I didn't.
MR. PETTY: And presented it to the Conservancy as a piece of scientific information?
MS. WORL Y: No. No.
CHAIRMAN DOMENIE: No.
MR. BURKE: The question came up on it is and in the presentation somebody raised the point because she
was saying you really need to mow this. How often do you need to mow it. She was just asking theoretical questions.
But somebody brought up the point if you don't mow that occasionally, we are going to hear screaming and yelling
like you can't believe. And then somewhere in all of this came to my mind not that long ago, the Foundation settled
out of court with an owner who stepped off a tram into berm grass that had a fire ant hill. And the man or woman,
whoever it was, got bitten up by it. So, I mean -- go ahead.
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(Ms. Alvarez enters meeting.)
MS. WORLEY: Just to clarify this was a speaker for the Mangrove Action Group. She was speaking on
Florida Yards and Neighborhoods Program.
MR. BURKE: Yeah. That's what it was.
MS. WORL Y: Okay.
MR. PETTY: But to come into Pelican Bay onto a berm that is only for Pelican Bay residents, you understand
my point, and then take pictures and photographs of them mowing this little piece of grass as if we are contaminating
CHAIRMAN DOMENIE: Mr. Petty, no.
MS. WORLEY: No.
CHAIRMAN DOMENIE: In the first place let the record reflect that Ms. Annette Alvarez came in. Thank you
very much.
What happens she showed pictures and she implied that we cut it every week and that we were fertilizing it
and that the grass leaves from the fertilized would -- coming into falling west of the berm. And that when they mow
and some of the grass leaves fall on the berm itself, that those would - should be swept up.
MR. PETTY: Oh, that's --
CHAIRMAN DOMENIE: After the meeting I went to her and I told her we do not fertilize and we do not mow
once a week. And she also showed pictures of that -- what is the little, I'll call it, weed plant, very low with pretty little
flowers? What is that that's growing?
MR. HALL: That grows on the mud itself?
CHAIRMAN DOMENIE: On the berm itself.
MR. HALL: On the berm?
CHAIRMAN DOMENIE: I don't know the name of it. She showed a picture of it. And I said, Well, that's
exactly - we would be very happy to see that take over because it's a beautiful little plant. So that was basically the
gist.
And what she showed was a picture of, you know, when the water retreats west of the berm, you'll see some
little white streaks. And she said those were dead leaves. I don't think they are.
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MR. PETTY: I can --
CHAIRMAN DOMENIE: I think -
MR. PETTY: I can do better than that, sir. To look at the nutrient loading from grass clippings that may
come from the berm every two weeks compared to the leaves coming off the mangroves themselves which are so
voluminous to darken the water to almost black on outgoing tide, the amount of organic material coming from fhe
grass which stabilizes the berm, very key, stabilizes the berm, there's no such that - I take it as a personal - I take it
as almost as an attack on the district.
MS. WORLEY: I think you're getting a little bit -
MR. PETTY: I've got hundreds of acres of people who have their lawns right next to seawalls all over Collier
County. Why they would come into Pelican Bay to this natural beautiful system to exhibit this -
MR. BURKE: Mr. Petty, there's a point. She was not picking on any aspect of this. It was all part of the
better lawns and -
MS. WORLEY: It was all part of the Florida Yards and Neighborhoods.
MR. PETTY: Again - again, the organization - I am not talking about going against the organization. I'm
saying it was a very poor example.
CHAIRMAN DOMENIE: I agree.
MS. WORLEY: Well, actually she showed good examples of Pelican Bay.
MR. PETTY: That particular example was a poor example of the concerns expressed by that organization,
concerns of nutrient loading to our surface water systems.
MR. BURKE: But an overall - an overall point that I think she was trying to make is the population in general,
the whole area, do you really need to mow? I mean, one of the things she tossed out, do you need to mow every
week? Maybe you don't. It was things like that. So there weren't any accusations. She was just trying to make
some overall points about --
DR. RAIA: Mr. Domenie, had a chance to talk that there's no fertilizing things taking place.
MR. PETTY: Let me - let me see if I can get this point across. The concerns that these folks have are valid
concerns for everybody in Collier County except for those that have design systems to take care of it who should be
sympathetic, who should participate to the best of their ability. But Pelican Bay has spent millions of dollars in putting
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together a storm water management system that takes care of this organic loading in our community, all of it. The
amount that's coming off of ten feet of berm from grass clippings is nowhere near an issue for us to ever talk about as
being anywhere clear or close to the truth. The issue here are the nutrient loading problems in the surface water of
Collier County? You bet. Are there any in Pelican Bay? Absolutely not. We have 25 years of data that shows that.
Absolutely not.
MS. WORLEY: Yeah. I wish you could have heard the presentation because she was not talking really
about grass clippings anyway.
CHAIRMAN DOMENIE: She was, but she showed the pictures --
MS. WORLEY: I know, but it was -
CHAIRMAN DOMENIE: - and she said they were on the berm and they shouldn't be there.
MS. WORLEY: The point - the point was if neighborhoods promote - IFUS and the county extension
promotes that when you mow grass you don't allow it to go into a waterway. That was it.
CHAIRMAN DOMENIE: Mr. Petty's position and my position is she could have taken a picture of a house
with grass clippings on the road rather than using the berm as an example which was a poor example, I think. But
let's get on.
MR. BURKE: The only point I was trying to make, though, was there is always a clash between aesthetics.
And I remember over the years here if that berm grass got a little bit too long, people were complaining about not only
how it looked but about, well, I walk at dusk. I don't know what kind of critters are going to be crawling out of there.
Really, you know, those are the things we've heard over the years.
MR. PETTY: We have had rats.
MR. BURKE: Yeah. So...
DR. RAIA: There is a way to mow grass with a grass catcher. I mean, let's buy the grass catcher and move
on.
MR. PETTY: Sir, it's not that easy on the berm.
(Multiple speakers.)
THE COURT REPORTER: Whoa. Whoa. One at a time, please.
MR. PETTY: The suggestion was if there's an option we can do for maintenance to stop the grasses from
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entering the water. No, sir. None that I know of. The berm's slope is such that it is - it has to be walked with a
weed-whacker. And there is no way to test that, NO.1. Number 2, even if you could get a recycled mower that would
drop the grass right on the berm, all those nutrients end up exactly where they would be should the blades of grass hit
the water. All of the nutrients landing in Pelican Bay end up in the water management system.
The issue that is brought up during these types of discussions about not putting grass into the waterway is to
try and make people aware of the situation, not that if they keep grasses out of the waterway that there is an actual
reduction in the nutrient loading. It is one of those points of reference that says you can actually see it here. But
those nutrients if you mulch your grass and those grass clippings go into your lawn, those nutrients are in this area.
And when it rains, those nutrients come to you and have to be treated by the bacteria in your soil, have to be up taken
by your plants, have to be treated by your water management systems.
So whether or not grass clippings on the water is more a politically correct signal than it is a fact of nutrient
loads. So that's the issue.
CHAIRMAN DOMENIE: I hope nobody --
DR. RAIA: Move on.
CHAIRMAN DOMENIE: I suggest I agree with you.
The other question - I have a question. Mr. Petty, where do we stand with the film? Are we going to try to
get a producer for that and is that something that should be brought up at the next regular board meeting to get the
budget approval or do we have any figure - do we have any financial figures on the estimate for something like that?
MR. PETTY: That's a good question, Mr. Chairman. But the chair and the chair of this committee, the chair
of the regular group and this committee, and I have viewed a rough draft if you will from the existing production unit.
And we've come to the conclusion that Tim Hall is an excellent scientist, but maybe he is not Filini and should not go
to Hollywood pursuing an alternative career.
MR. BURKE: The camera is not kind to Tim?
MR. PETTY: Well, no. He - he looks good on camera. The camera man in this case is great, but the
content is little bit dry. And, well, we'd like to have a little bit better representation of the work. And as I think I've just
seen better clearer information on what it is that we do in Clam Bay is probably very helpful.
With that in mind, I know that we are going to hold Turrell, Hall & Associates accountable as we said we
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would in that if they had picked the wrong producer, whoops. One of the reasons we wanted Turrell, Hall &
Associates to lead this program is that we hoped that Turrell, Hall would put some of their own money in it since their
name would be mentioned and they may like participating in some of the cost.
Since we are not very happy with the directing, I would suggest that we do look to Turrell, Hall & Associates
to participate in some of the costs. I think we should look at the alternative. I think the alternative Tim had talked td in
the past was Blue Sky which is also the Foundation's production company.
DR. RAIA: I was going to suggest that. They've been a tremendous improvement not necessarily in the
content but in the quality of the imaging. Because I had chaired that committee prior to coming on this board. And we
-- and they would be looking for it also. And how long a film would this be, half hour?
MR. PETTY: We're thinking, yes, 20 minutes.
DR. RAIA: Twenty minutes to thirty minutes?
MR. PETTY: Fill in with some commercials.
DR. RAIA: You know, between Tim Hall and something from the Foundation, we might be able to put
something like - like this together. Because it's - it's something that we want to present to Pelican Bay.
MR. PETTY: Mr. Chairman, you asked about funding. And in the ten years that we've had the permit, we've
been required to provide educational materials on what we've been doing in there for ten years and we've come up
with our annual reports so we met the requirements. I'm not sure that we educated a whole lot of people with this
very scientific document. This -- this film is supposed to basically do that for the next ten years as well.
I would suspect that we - since we are changing directors so to speak, that there will be some artsy feelings
that may get ruffled that may take a dollar or two to salvage. And I don't think that we're talking about much money
here. I don't think we're talking about more than maybe $10,000.
CHAIRMAN DOMENIE: To get a new director to - to do this?
MR. PETTY: We had asked for $20,000 in the project approval process. And I think we can hold Turrell,
Hall & Associates accountable for their responsibilities. I think that a lot of what the first production company has shot
is usable.
CHAIRMAN DOMENIE: Oh, yes.
MR. PETTY: Although I would make all the personal comments a lot stronger than what they were.
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CHAIRMAN DOMENIE: And I think more -- rather than pictures of the people, have pictures of Pelican Bay
as the people are talking.
MR. PETTY: Some of the best shots that we envisioned were those back in the mangroves as you go
canoeing through and you come on these large vistas.
DR. RAIA: Is this a video that's already been done?
MR. PETTY: Stock photography background scenes.
DR. RAIA: DVD or something?
MR. PETTY: It's a quick time movie that staff has been looking at to try and do the - the outline or the story
board if you will.
DR. RAIA: Do we have access to it on the Internet?
MR. PETTY: No, sir.
DR. RAIA: Just to look at?
MR. PETTY: It's too much just raw footage.
DR. RAIA: Okay.
MR. PETTY: I mean, there's 20-minute conversations with Ms. Potter and I think with the chair.
CHAIRMAN DOMENIE: With Mr. Lukasz and with our chairman.
MR. PETTY: There's -- yeah. The story line isn't there. And that's one of the issues on why we would like to
change directors. Our instructions from the get-go were very clear. We wanted a story board. We wanted to go over
the context and the text that would be presented in this presentation.
So far we have gone through the exercises. Some film has been shot on-site. We've had the exercises
where some of the principals that we're going to interview have gone through a draft interview process, but we haven't
-- we haven't punched that up to final form. You have to basically say, okay, now, that's the same question I'm going
to ask you in the interview. That was a good answer. Why don't you present that. Tell them what to wear. Critique
their posture. Put them in the right spot. And then do a final.
CHAIRMAN DOMENIE: Mr. Petty, my question is should this go to the board? Is it ready to go to the board
for approval for additional funding? That was my basic question. So we'll put it on the -
MR. PETTY: If the subcommittee thinks the message is important enough, I think that staff can strongly
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suggest and recommend that it go before the full board. And that we would ask for a minimum of $10,000. If you
want to be gracious, no higher than 20.
CHAIRMAN DOMENIE: Anybody?
Ted.
MR. CONNELL: John, how much of the 20,000 -- original 20,000 has not been spent?
MR. PETTY: Most of it, sir, has not been. Mr. Hall is very parsimonious with his funds.
THE COURT REPORTER: Could you identify yourself, sir?
MR. CONNELL: Coleman Connell.
MR. PETTY: We do -- we do hope to keep most of those funds. This is the amount - the asking for more
funds is not that we truly anticipate it due to that conflict, but more because of the film choices that -- that we are
starting to make where we want shots of this and want shots of that. Some of these shots are going to take quite a bit
of setup time. And we're thinking that's where the extra dollars will come from.
MR. BURKE: When was the last time we produced one of these? I mean, we're going back a ways.
MR. PETTY: Sir, this is our first time ever of trying to substantiate this degree of work. This really is - it's not
a first for Pelican Bay, but it is a first for the residents. You've actually met the legacy of some of the great people put
on the team before us.
CHAIRMAN DOMENIE: So I'll include it then. That would come out of the education. Do we still have
enough funds to carry forward?
MR. PETTY: Sir, we were checking on the carry forward for Clam Bay and there are funds available for this
process.
CHAIRMAN DOMENIE: And this is something we have to do in any case for education?
MR. PETTY: Absolutely, sir.
CHAIRMAN DOMENIE: Okay. Thank you.
MR. HALL: Mr. Domenie, if I might just make a comment. If it helps out before the next meeting, I'd be
happy to talk with Mr. Petty and maybe get with Blue Sky and see if we can have some budget numbers as well
associated with what we want them to do and what they think it would cost for them to get to that level of involvement.
MR. PETTY: Mr. Chairman, I would not give any producer the opportunity to tell me a number. They will
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always pick a number that I can't live with. We decide what the budget is and they've got to fit it in there.
CHAIRMAN DOMENIE: Okay.
MR. HALL: Okay.
CHAIRMAN DOMENIE: Sorry, Tim.
MR. HALL: No, that's fine.
CHAIRMAN DOMENIE: Anyone else from the board? Any comments on that?
(No response.)
CHAIRMAN DOMENIE: I just want to mention a couple of meetings that are coming up that are of interest.
February 8th, 5:30, here a climate changes meeting. February 11th, there's an ECA meeting at St. Johns Evangelist.
MR. BURKE: Estuary conservation?
CHAIRMAN DOMENIE: Yes, estuary conservation. And, unfortunately, that coincides with a meeting of the
Foundation here. So I don't know which one I will be attending.
Then there will be on February 26th at seven o'clock, Judy Haner, H-a-n-e-r, of the South Florida Water
Management District is coming here to talk. And February 19th I - oh, well, that has nothing to do with us.
Then on February 21st somebody's speaking at 5:30 about the Everglades.
MRS. WOMBLE: Where is that at?
CHAIRMAN DOMENIE: Pardon me? Community center.
All right.
MR. BURKE: Mr. Domenie, I just have one more on the annual report. Is this the last report of the existing
permit or is there one more?
MR. PETTY: There should be one more.
MR. BURKE: One more.
MR. PETTY: It should be nine years of reports after ten years of work.
CHAIRMAN DOMENIE: Okay. I would - anybody else something?
(No response.)
CHAIRMAN DOMENIE: All right.
On -. in the minutes on page 585 our friend Doug Finlay refers to clams and oysters in, I guess, Moorings
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Bay out in that area and that Florida Gulf Coast University has been helping them putting these out. Do we want to
get involved in anything like that?
MR. PETTY: Mr. Chairman, I - if I understand what you're bringing up, it is the discussion of filtering
organisms --
CHAIRMAN DOMENIE: Right.
MR. PETTY: - to be put into the bay.
CHAIRMAN DOMENIE: Yes.
MR. PETTY: Mr. McAlpin, yes, he is here. Mr. McAlpin has talked to staff about the possibility of filtering out
organisms as well as Dr. Bauer and plant material as well that they are considering for the issues afflicting Naples
Bay and, of course, Venetian Harbor all the way up.
CHAIRMAN DOMENIE: Right.
MR. PETTY: So I think it is appropriate for the Clam Bay Committee to hear about these projects, but I
believe that will be the subject that Mr. McAlpin will be bringing up under his groups authority as - as coastal zone
director. And I know that we're meeting later on today to discuss just how the format of those meetings will start up.
So I believe we'll be bringing that information back to you.
CHAIRMAN DOMENIE: Okay. Thank you.
Now, we have discussed about measuring the water flow through the culverts at Seagate.
MR. PETTY: Yes.
CHAIRMAN DOMENIE: But we have never done anything about that. Seagate lies in the city. There was
some thought that the city might want to take those measurements, but from our point of view I think it would be
interesting for us to know. And I thought that at one pOint we were going to ask Humiston & Moore to take some
updated measurements of the water flow going north and south through those culverts and we were thinking about
using east-of-the-berm monies for that. Where do we stand on that?
MR. PETTY: Basically, sir, we stand as a chair talking with staff about that issue. Mr. Hall has some
information that he can bring.
MR. HALL: We have actually done that in the past couple of years. Usually it's two or three times a year. It
kind of depends on tides when we do it, but we do actually collect flow measurements in and out of the culverts. It's
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not part of the annual report. It's kind of part of the information that we keep on file in the office.
CHAIRMAN DOMENIE: But you take it, let's say, over 24-hour cycles?
MR. HALL: We don't do it over 24-hour cycle. We do it over a tidal chnage which is like a six to eight hour.
CHAIRMAN DOMENIE: Twelve hour.
MR. PETTY: Mr. Chairman, I think they may be able to - I think what he's trying to say is that he can
extrapolate the information to a volume amount for ballpark purposes.
MR. HALL: Which is all that we've been trying to do is to - to see or to make sure that - that what the
differential is between water coming into the bay versus water going out to see if the culverts are acting as a drain
against water going out in the past.
CHAIRMAN DOMENIE: Which way - which way is more water flowing, north or south?
MR. HALL: When the pass starts to become constricted, we get a little bit water - more water flowing south.
But when the passes open after the dredging events and all of that, ifs actually very, very similar going north and
south which is -- which is what we like to see. It means the systems are pretty equitable in terms of the direction the
water's going and the friction that it has to overcome to get out of the pass. So the pass is working and it hasn't been
an adverse impact by the -
CHAIRMAN DOMENIE: I was more concerned -- rather than the flushing action, I was more concerned
about the quality of the water which flows north into Outer Clam Bay. That is my concern. I'm not so concerned
about the flushing action. I think we're getting enough flushing action, but I'm concerned about the quality of the water
flowing north into Outer Clam Bay and what effect that has on the waters in Outer Clam Bay.
MR. HALL: We take a water quality measurements at the Seagate culverts.
CHAIRMAN DOMENIE: Yes.
MR. HALL: That's collected. And based on the volumes going both directions, I personally don't believe that
that's an issue that the water coming in is degraded to the point where it is adversely affecting Clam Bay.
CHAIRMAN DOMENIE: Okay.
DR. RAIA: The only point - what Tim is saying the only variable is the -
THE COURT REPORTER: I'm sorry. I can't hear.
DR. RAIA: The only variable is the dredging of the canal. He stated that if the canal is not dredged, we then
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have less flow coming north. But when we dredge, it equals -- the flow is equal north and south.
MR. HALL: When - when we see differentials is associated when the pass closes. And then that makes
sense. If the pass is closed, there's nowhere else for the water to go.
DR. RAIA: So, I mean, right. If there's a problem and I'm not saying there is a problem, if there's a problem,
it appears the canal has to be dredged.
CHAIRMAN DOMENIE: Right.
DR. RAIA: But if there's no problem, then let nature take its course.
MR. HALL: And going back from history when the flat gates -- and I probably shouldn't bring this item up
based on the -- on the history. But when the flat gates were first put on, it was prior to the pass being opened, and
that being when they were first suggested -
CHAIRMAN DOMENIE: Excuse me, Mr. Hall, just to correct you. Not being open but dredged deeper--
MR. HALL: Correct.
CHAIRMAN DOMENIE: - and all the way to the bridge.
MR. HALL: Correct. That that dredging had not been done. And there was a measurable head differential
between the water into the south versus the water in Clam Bay because the tidal prism and all associated with the
bay was not equal to that in Venetian Lagoon.
After the pass was dredged, that differential went away. And that's one of the reasons why the flap gates
then started acting more as a plug than as a - than as a valve because there wasn't enough water or head differential
on one side to open the flap gates. The pressure was equal on both sides. They stayed closed and it was a plug.
CHAIRMAN DOMENIE: Right.
MR. HALL: So when that was noticed that that was happening coupled with some of the -- the algae
problems and lack of water movement down in the southern part of Outer Clam Bay, that's when we first
recommended removing the culverts.
We talked with Dr. Steiger who was in Mike's position at the city about coordinating that, you know, agreed to
do -- to do the flow measurements and so forth. We took the culverts off. The flushing in the bay improved.
Humiston & Moore did their modeling that showed the amount of water going out wasn't detrimental to the pass. And
so we have been doing periodic monitoring of those flows just to -- to make sure that that stays _
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DR. RAIA: You didn't remove the culverts.
MR. HALL: I'm sorry. We removed the flap gates.
DR. RAIA: The flap gates.
MR. HALL: Yes, sir. So that's where we are now. I mean, in my mind it's not - it's not a big issue anymore.
But as I said two or three times a year we are still collecting flow measurements through there.
CHAIRMAN DOMENIE: Okay. Thank you.
Have - Mr. Petty, do you know or, Mr. Lukasz, have we done anything to have all the employees of the
Services Division take that Best Management Practices Course? Have we taken any steps about that?
MR. LUKASZ: Yeah. They're all scheduled within the next month and a half.
CHAIRMAN DOMENIE: Okay. Thank you.
Can somebody explain the difference between nitrites, nitrates and ammonia and why is it important? Are
they all kinds of fertilizers?
MR. PETTY: No.
MR. HALL: Normally nitrates are more predominant in fertilizer although there is - they do put down
ammonia. They do put down --
MR. PETTY: Yeah. Let me start. They're all nitrogen.
MR. HALL: Right.
MR. PETTY: Nitrogen exists in three different forms: Ammonia, nitrites, nitrates. And ifs - it is a - it is a
stabilizing or growth action ammonia being the most volatile form of nitrogen. It causes the most trouble in our lake
systems. Nitrates can also cause excessive blooms. Nitrates are considered like a slow release, if you will, of their
nitrogen source. They are a more stable form of nitrogen. Remember, a lot of our atmosphere is nitrogen as well. So
nitrogen's kind of all around. So that what you're referring to, sir, is actually called a cycle of nitrogen.
In treatment processes, as we have in our water management system, we have naturally occurring bacteria
in our lakes which we mimic in wastewater treatment plants in this country to treat wastewater in our rural areas and
our urban areas.
But in our lake systems naturally occurring bacteria, it is both what they call the aerobic and anaerobic zone.
Aerobic where there is dissolved oxygen. Anaerobic where there is no dissolved oxygen in the water. These bacteria
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will absorb and adsorb these nutrients. In this case we're looking at nitrogen in any of its forms. And the end product
should be a stabilized nitrate of low quantity in a naturally balanced system. .And that's what we're looking for in ours.
CHAIRMAN DOMENIE: Okay.
MRS. WOMBLE: May I make a comment here. That naturally balanced system can get out of whack if
people aren't careful about how often they're watering. I'm thinking about every time I go through Pelican Bay, we've
brought this up every time we've had a Clam Bay meeting I think and possibly some of our general public Pelican Bay
Services Division Board meetings, there are medians being watered inappropriately. And the more you water, the
more you have to fertilize. And that turns into a problem all the way down the line. Ifs a Catch 22. And I don't know
how to stop it, but is there some number that we can put out to the public specifically?
MR. PETTY: For median strips I think you - you just did stop it because there's the guy. When it comes to
what is normal in Pelican Bay can -- can sometimes not occur.
One of the things that we are doing as staff in working with the committee is to come up with a presentation
that explains the water management facilities. In Pelican Bay some things are not what they appear. They are the
opposite.
I'll give you for an instance - an instance of this is irrigating in Pelican Bay is not a detriment the way it is in
outside areas.
MRS. WOMBLE: No.
MR. PETTY: The reason for that is we use 100 percent effluent for all our irrigation. So every drop of water
that is hitting the ground is providing a fresh water bubble underneath Pelican Bay. And that fresh water bubble is
there to stop salt water intrusion. This helps the neighbors that we have to the south and neighbors we have to the
north on a lot of their coastal wells. So what we do here is actually prevent some wells from going bad within our area
of influence which does extend well beyond the borders of Pelican Bay by the way. That doesn't mean we should
abuse the resource at all. And -- and as such I think we should pay attention.
The other issue is when we irrigate with effluent, there are slow-release nutrients in the water. The nitrates
are there. This is wastewater treatment plant effluent. It has been balanced. It has gotten to the final level. The
nitrates are there which do help us to some degree. I forget. What, it's about 4 percent, 3 percent nitrogen, not very
much, but enough to give you a little bit of a kick.
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So our yearly fertilizing measures are balanced with that as they should be. But the residents should
understand this as well - we've heard from people who are very upset to see the sprinklers on twice a week. We just
got an exemption that the county went ahead and got where all users of effluent in the county -
MR. BURKE: Three.
MR. PETTY: - actually, and that's a voluntary participation. There are no restrictions. They'd like us to hold
to what is Phase 1 which is three days a week -
MRS. WOMBLE: Right.
MR. PETTY: - just to make a proper use. Don't be spoilers of the system, but we use 100 percent effluent.
They understand how beneficial it is when it hits the aquifer for retarding salt water intrusion. They understand that it's
also a benefit to the ground. And as a member of the South Florida Water District Board said, It's time we rewarded
those who have been water conscious and have built those systems and put them in place. And Pelican Bay is
definitely one of those systems. But we can - that's a long way to answer your simple question.
MRS. WOMBLE: I wanted you to do that though.
MR. PETTY: We'll be glad to work on our timing.
MRS. WOMBLE: I knew you would.
DR. RAIA: Did you already know the answer?
MRS. WOMBLE: Yes, I did. But I also know that not only should we be really conscious about how often
we're watering, so should all of the residents. And I know we were appalled to find that our sprinkler system was
going off on very strange times. In fact, the only times we've had rains recently, so were our sprinklers working. And
it may have something to do with the power outages sometimes.
MR. PETTY: Resetting the clock.
MRS. WOMBLE: And resetting the clocks. I want that to be an educational issue too. Because here I am
sitting on the board and it's happening at my house. I'm sure it's happening at other places. So when people drive by
and see the median being watered during the only rain that we had for a while, they get concerned. And I've had a
couple of phone calls. Evidently people know my name. But I'm so glad you explained all that because I know that,
but I wanted everybody else to hear it.
MR. PETTY: The public information process, you brought up a good pOint. Bringing that information to the
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residents is something that we could work harder on.
MRS. WOMBLE: The watering cycle is really important and it helps that too.
CHAIRMAN DOMENIE: Ted.
DR. RAIA: We take care of our own grounds with Collier County employees; is that correct?
MR. LUKASZ: Yes.
DR. RAIA: Because one of the things that Ms. Thesta (phonetic) had brought up is that it's one thing about
the cost and the other thing to make sure they're practicing what they're taught. But I don't think that should be the
case here. We can - we supply whatever fertilization is going to be used and - and we should - but it's something to
be aware that she just gave example after example of her going through the county seeing people who took courses
and are not following it.
The only other thing, Mr. Petty, I don't know if this has changed, I don't know if we use' pure effluent water.
CHAIRMAN DOMENIE: No.
MR. PETTY: Yes, sir.
DR. RAIA: And that can change because - because there was a connection with our old aquifer. Have they
changed that or what?
MR. PETTY: Sir, they actually went up and talked to South Florida on two different platforms. One was to let
them know that they were changing to 100 percent effluent in their reuse lines, irrigation lines. And, therefore, would
not be underneath Phase 3 restrictions. And then they asked for an exemption to a certain percentage to supplement
that water with well field and the mule pit?
MR. LUKASZ: Mule pen quarry.
MR. PETTY: The mule pen quarry. Such a colorful name. The mule pen quarry off Immokalee Road.
Those are two irrigation water sources that they've used in the past to supplement this - this irrigation source. And
they did get an exemption for a certain percentage from South Florida. So kudos to Collier County for working this.
They did so without a lot of fan fair. They weren't looking for a lot of pats on the back. But it certainly is going to help
all those people participating in the irrigation water supply who have been around for the last 10 or 15 years.
MR. BURKE: This - the effluent water of Pelican Bay is 100 percent effluent.
MR. PETTY: Currently, sir, until they get to that level where - and they've got, like, 10 percent that they can
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put into the wells. Right now it's 100 percent.
MR. BURKE: And we're using as a community about three and a half, four million gallons a day; right? Am I
right?
MR. PETTY: According to the chart Tim showed me we're just about 20 percent of the total production.
MR. BURKE: This is the whole community?
MR. PETTY: This is the whole county, 20 percent.
MR. BURKE: I mean, our four million is --
MR. PETTY: Yes, sir. For all of Pelican Bay.
MR. BURKE: Okay. And we pay about - we built - you wouldn't - communities billed on 1,000-gallon basis.
MR. PETTY: Per 1,000 basis.
CHAIRMAN DOMENIE: I had another question. What specific additional testing are we doing? Have we
implemented that additional testing upstream? Where are those locations? When will we see any results of that?
And what is the cost - where is that cost being charged to? Sorry.
MR. PETTY: Mr. Lukasz tells me that the system -
MR. LUKASZ: I can map that out for you. I also pulled the three additional samples in the Bay Colony area
that had been discussed in one of the meetings.
CHAIRMAN DOMENIE: How long ago did you do that?
MR. LUKASZ: The three additional in Bay Colony was a one-time thing. The others we would do on a
monthly basis. I can work up the numbers and also map out the locations.
CHAIRMAN DOMENIE: It might be interesting at one of the next meetings. No hurry. Perhaps when we
have three or four sets of numbers because at the moment with the dry season and then when the wet season
comes in, let's see what that shows. Okay? Thank you.
MR. PETTY: Mr. Chairman, if I could just -- what you're asking for on the outline should be the original
blueprints which I'm sure Mr. Lukasz can bring to the next meeting. So he's already - he's got that one done for you,
I believe.
CHAIRMAN DOMENIE: Okay. Thank you.
Then on the reports, this report Bathymetric (sic) report on page 19, I think it included something very
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important. And that is talking about monitoring Clam Pass and dredging Clam Pass. Humiston & Moore comes out
on page 19 and he says, Due to the potential for adverse impacts, more extensive dredging at Clam Pass is not
recommended without a more thorough evaluation of the severity of potential impacts. That's in that just before Item 7
there. I think it's something that we should bear in mind. Because above that he says, A common impact from
dredging significant portions of inlet ebb shoal is increased erosion of adjacent beaches.
So whereas our desire is to provide more sand to the south of us, we do have to be careful. And I think
make further studies about any impact that it might have actually to the beach to the north and to the south. So I think
this is something that we all should bear in mind.
Secondly, Figure 6, which is about three or four pages before that, it talks about tidal ranges in Upper Clam
Bay at the northern end. And there seems to be, and I don't want people to take this as something dramatic, but it
seems to go from about, let's say, five inches to three inches. Does that indicate that those interior channels leading
from the - from Clam Pass north, the ones that we, you know, in 1998 or 1999 were dug deeper, that some of those
are silting over and perhaps there's not quite the same amount of flushing going on that was going on earlier. And is
this something that we - that - that's one thing that Humiston & Moore does not measure those interior channels
anymore if I'm correct. And is this something perhaps that we should ask him to look at next year to see if there's
been any silting of those main channels. The ones that you use for canoeing and you use for kayaking if there has
been any silting of that?
MR. HALL: And actually what had happened the monitoring when it was done was every year because we
were seeing the pass maintaining itself and there wasn't a lot of change in those interior channels. We switched it to
every three years where we would measure those interior channels. And the year coming back - coming up is
actually the year we would be measuring. So those -- that would be done.
CHAIRMAN DOMENIE: Okay. All right.
MR. PETTY: So is there any indication here of any special action, Mr. Hall, or is this pretty much telling us
everything is okay with the - do you see any signs of the silting as the chair first asked?
.MR. HALL: No. I haven't seen any signs of silting there. And actually I did swim the entire system this year.
MR. PETTY: Thanks for asking us, but-
MR. HALL: So just - just -- well, just to look. We haven't done it in a long time. So we - I haven't seen any
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evidence of blockages or silting.
MR. FINLAY: Just, Mr. Hall, only because I go up there a lot and this little area right here, that little lake, that
seems to be one of the most shallow areas that I ever experienced in the northern end and would be a bottleneck.
MR. HALL: That's correct. The actual - the actual - there's a kind of a flat there if you will. And the deepest
part of that area goes right under the mangroves where the mangrove roots are on the western side. So that is a __
that is a potential if we were to have a big plug or something fill in and block that small area but, I mean, that - that's
an act of God. That's not something that -
CHAIRMAN DOMENIE: I would like to mention that area he's pointing at lies north of the north boardwalk so
that we know what we're talking about.
MR. PETTY: I think Mr. Hall's given you and so has the gentleman given you a very accurate description. I
can tell you that back in the day when I was taking a boat back there this had been a 'flat and the area was
underneath the mangroves. And trying to get the boat through you end up getting wet. You just go across.
So I agree that it is an area for traveling that it's best probably done with canoe or with shorts. Definitely not
long pants.
MR. HALL: Just hang to the west.
CHAIRMAN DOMENIE: This is an area that we should look at that this may actually be blocking some of the
water going all the way --
MR. PETTY: No, sir. I think hydraulically we're doing fine. The water is moving through the roots just fine. It
is - it's the boat traffic that ends up being stalled a little bit.
CHAIRMAN DOMENIE: Well, we'll have to just watch that.
MRS. WOMBLE: Mr. Chair-
CHAIRMAN DOMENIE: Yes.
MRS. WOMBLE: -- I'm going to have to leave. I had a prior appointment before we had to change our
meeting,
CHAIRMAN DOMENIE: Okay. Thank you.
(Mrs. Womble leaves the meeting.)
CHAIRMAN DOMENIE: The only other thing is -- and, again, I don't -- this is not something to be alarmed,
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but we are looking at that St. Lucia and PB 11 location upstream to see if there is a source of -- I think also peed (sic)
coming in there. But, I mean, we're way below the standards set by Florida, but if there is a slight increase, it's
something we definitely want to keep looking at.
Gary, you came in a little late. I don't know if you had anything - any wisdom that you would like to share
with us at this time. Mr. McAlpin.
MR. MCALPIN: Yes, Gary McAlpin.
I just want to know where you stand right now with your annual report. Is this still at the review stage or is this
ready for publication?
CHAIRMAN DOMENIE: Which annual report?
MR. BURKE: The current one.
CHAIRMAN DOMENIE: Oh, the current one?
MR. MCALPIN: Yes.
CHAIRMAN DOMENIE: We are basically going to recommend to the full board to approve these annual
reports. Is that what we have to do?
MR. PETTY: Yes, sir. And Mr. McAlpin, we don't -- we don't have as deep a system as the county has. So
when something like this comes in, it gets published right off. So it's already on the website and it's out there.
What we're asking the subcommittee to do is to have read it, reviewed it. We're discussing it today. If they
have any issues, we're going to yell at Mr. Halt. Beat him up. Tell him to go and redo it. Or if it's okay we'll change it.
If there is a draft, a redraft of it, it would come back to the subcommittee and then go to the regular board. So far I
haven't heard anything that's a cause for a rewrite yet.
CHAIRMAN DOMENIE: I don't have anything. Dr. Raia? So we're going to take it to the full board.
MR. PETTY: We would ask that the committee take that up as a consideration. Yes, sir.
CHAIRMAN DOMENIE: Do we need a motion for that?
MR. PETTY: Yes, sir. We would like that.
CHAIRMAN DOMENIE: Okay. We would like a motion that these four reports representing the 9th? 8th?
MR. PETTY: The 8th.
CHAIRMAN DOMENIE: The 8th survey, whatever it is.
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MR. PETTY: Annual reports.
CHAIRMAN DOMENIE: Annual reports be submitted to the full board with our approval.
Mr. Burke moved seconded by Dr. Raia and approved on a vote of 4/0 to
submit the Annul Report to the full Board with the Sub-committee approval
CHAIRMAN DOMENIE: Any comments?
MR. BURKE: Gary, you - you have some concerns with it or _
MR. MCALPIN: I just want to know what the process is.
MR. PETTY: Thafs fine.
DISCUSSION OF CLAM BAY PERMIT EXTENSION
CHAIRMAN DOMENIE: Now, we just have one more subject. And that is, I'm sure, Gary also wants to
know, discussion of Clam Bay permit extension.
MR. PETTY: Sir, we've been in discussions with the County and Mr. McAlpin's office as well on the permit
extension.
The County has county-wide facilities under consideration at this time which may have an overlap to our
permit. And they've asked us to hold our permit until they have time to evaluate these overlap issues which we have
done. It is now timely for us, though, with our permit to seek an extension. And we have talked with the County and
the County Administrator's office has asked us to ask this Subcommittee to recommend to the Board that we go
ahead with a one-year extension on our permit. And I believe Mr. McAlpin's office, through the Coastal Advisory
Committee, will be evaluating these overlaps over the next year and these topics of overlap would come back to this
body for discussion.
CHAIRMAN DOMENIE: Because we're talking really two things. I don't know if extension means extension
of the current permit.
MR. PETTY: It does.
CHAIRMAN DOMENIE: Or extension means the renewal of another ten-year permit.
MR. PETTY: The extension -
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CHAIRMAN DOMENIE: To me extension means extending the present one--
MR. PETTY: For one more year after --
CHAIRMAN DOMENIE: - one year. Is one year a sufficient time to get it done? Because the way I
understand it takes about 18 months for all of the regulatory agencies to look at it. Should we go for one year or
should we go for two years? And if we can do it before two years the better.
MR. HALL: As - as -- I'm sorry. I didn't mean to interrupt.
CHAIRMAN DOMENIE: No. Go ahead, Mr. Hall.
MR. HALL: To - to be -- as an extension of the existing permit, we're not proposing to change anything
that's in the permit. We're just to maintain status quo, continue what we've been doing. That is much easier for the
agencies to review than if we're trying to change things within the permit or change, you know, what we're trying to do.
So I think that that time frame comes down for an extension. That is possible that that 'could actually be done
administratively in a very short time frame,
CHAIRMAN DOMENIE: I - I agree fully that we should ask for an extension. My only question was should
we go for two years rather than one year or will the regulatory agencies not give you two years?
MR. PETTY: Mr. Chairman, if I could, and Mr. Hall's the one that knows this best. I know that you could ask
-- I don't know that there's a set one year, five year, ten year or indefinite. I think that they're fairly open. I know that
Mr. Hall has talked among staff about getting an indefinite extension. I think the one-year time frame is more time for
us to act --
CHAIRMAN DOMENIE: Okay.
MR. PETTY: -- than for the county to act on these overlap issues. It's a self-imposed timer, I believe, more
than anything else, sir.
CHAIRMAN DOMENIE: Okay. All right. So do you need a motion from us to go to the full board on this
request?
MR. PETTY: Yes, sir. Since our name would have to be part of that permit along with everybody else at the
County. As we've discussed in the past, I believe we're looking at dual signatures. Of course the County would have
to sign because we're a division of the County, But Pelican Bay Services Division funds are being allocated. So the
Services Division also wishes to be a signature. And I believe staff has come to that determination after talks with
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Commissioner Halas and the chair.
CHAIRMAN DOMENIE: I then make a motion that we request a one-year extension or an open extension of
the existing permit we have giving us sufficient time to prepare for a permanent extension at a future date after we've
had an opportunity to review everything with the county. Is that acceptable?
DR. RAIA: Yes.
MR. MCALPIN: Mr. Chair, if I may. It's not a permit extension that you - it's a new permit. After this - after
this one-year extension. You're not extending this permit anymore. You're applying for a new permit. So you need to
be -- just - just -- I don't think - I just want to make this clear. Okay.
MR. PETTY: Mr. Chairman, I think the suggestion was to clear up your motion and I believe that is your
intent.
CHAIRMAN DOMENIE: I didn't -- I didn't realize that. And it is -- it is --
MR. PETTY: A new permit eventually after the extension. Yes, sir.
CHAIRMAN DOMENIE: It's a new permit but using the same controls, let's say.
MR. PETTY: Let me see if I can restate the motion.
CHAIRMAN DOMENIE: Please do.
DR. RAIA: I just - there's a difference between the permit extension and a permit renewal. So that the
permit renewal to me means we're going to present or the premise, okay, and if that's the case, I agree with Mr. Hall
then, that when they have a permit renewal it will be expedited rather than presenting a totally new program and a
totally new --
CHAIRMAN DOMENIE: I'm still a little bit confused that you have to get a completely new permit which
basically just extends temporarily the existing permit. Is that what we're saying?
Mr. Domenie moved seconded by Mr. Burke and approved on a vote
of 4/0 is to recommend to the full board that the existing permit be extended
for period of one year or better..
MR. PETTY: Discussions will take place with the County to discuss changing conditions of a future permit
over Clam Bay.
CHAIRMAN DOMENIE: But I understood what Mr. McAlpin said that you cannot extend the present permit.
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MR. PETTY: No, you can extend.
CHAIRMAN DOMENIE: That you still have to go in for a separate .-
MR. PETTY: No, sir. You can extend the existing permit, but during your motion you had said that the next
permit was also going to be an extension.
CHAIRMAN DOMENIE: Oh.
MR. PETTY: That's all. Just clearing up the language, sir.
CHAIRMAN DOMENIE: Anybody from the board have any other subjects to be discussed?
(No response.)
CHAIRMAN DOMENIE: From the audience, anybody have to say anything?
MR. FINLAY: Yeah. 1-
CHAIRMAN DOMENIE: Please identify yourself.
MR. FINLAY: Doug Finlay. Maybe Mr. Hall can identify. We have to go back to the mangroves. I've gone
over all the annual reports, but I can't remember what I read months ago. But in this annual report it mentioned the
total area of mangroves not in optimal condition is 70 acres. And - and I was just wondering is that 70 acres a figure
that has increased over time, decreased over time, held steady over time and is -- is there any baseline that you can
compare that to to, say, Estero Bay or any other - any other system as to whether this is good, bad, indifferent?
MR. PETTY: Mr. Hall, let me answer first then you give the scientific backup.
One is to say that there has been a complete inventory of all the mangroves in Clam Bay may be giving a
little bit more credit than what we should to the people out there that we have. We haven't counted every tree.
What you have read in the report and as was explained last year and should be explained this year, but we
didn't give Mr. Hall too much of a chance to talk, is we are currently tracking areas under stress outside of the original
area of die off. And that area of stress reflects such things as hurricanes or these little whirly-wind things that come
ashore on the beach and a few other odds and ends. In particular Mr. Hall has re-identified areas that he has
recommended we should get involved in future management of that are not reflective of the hydraulic conditions
which we have solved but are more reflective of day-to-day management for these very specific little occurrences that
are storm-event related or isolated to very specific hydraulic conditions.
CHAIRMAN DOMENIE: Or lightning.
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MR. PETTY: Or lightning. So we're finding that the Clam Bay Preserve needs attention and isn't one where
we can simply go in and do a hydraulic fix and then walk out of. Mr. Hall and these other areas that he's talking
about, over 50 more acres that he sees are not optimal, he's looking at as -- as areas that we may be able to help the
mangrove forest in the future which is part of our discussion.
CHAIRMAN DOMENIE: Can we --
MR. PETTY: If you want to talk about those.
MS. WORLEY: Just make a comment that in any mangrove system you're going to have areas that are not
optimal because of the fact that you have natural stressors on the system that occur.
Now, as far as 70 acres, I don't know if that's a normal or what. Mr. Hall probably can answer that. But it's
just that don't get scared if you hear there's some suboptimal areas because there's always going to be some
naturally.
MR. PETTY: Not all the apples are perfectly ripe.
MS. WORLEY: Exactly.
MR. FINLAY: Yeah. And I understand that. I was kind of wondering whether that was increasing,
decreasing or kind of --
MR. HALL: I think the best way to talk about that is the original die off was approximately 54 acres. So this
number is higher than that; however, the actual die off or dead area has been decreasing.
MR. FINLAY: Like ten acres?
MR. HALL: It's been decreasing pretty substantially, you know, since we started the project. And the -- and
the stressed area, the suboptimal areas, had also been decreasing until we got the hurricanes.
So the two consecutive seasons with storms coming on shore and all, and all the literature suggests that you
may not see the final results of the stress or the damage associated with those storms for three, four, sometimes five
years. So it's -- it's kind of a waiting game to see, you know, how the trees are going to come back and react, but
that's - that's the biggest issue. It has increased a little bit. I think the increase is definitely due to storm-related
issues. And I fully expect that number to go down, but when it will go down I don't know right now.
CHAIRMAN DOMENIE: Thank you.
I think Dr. Raia has a question that's not directly related to this committee, but he would like to __
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DR. RAIA: Yes. Mr. McAlpin, if I may direct a question to you about the pier. I'm just curious if other sites
have been looked at such as Wiggins Pass where there's recent development there or at the state park at the end of
111th avenue or even the southern part of the county beach that people say it will utilize because you get access from
the north part of that beach.
CHAIRMAN DOMENIE: Gary, may I interrupt one second? Are you coming here February 19th together
with Leo Ochs?
MR. MCALPIN: I'm giving a presentation. So there will be a presentation on February 19th talking about
viewing - educating the - this community on what the pier is and what we'll try to do and soliciting comments and
questions. And I will wear some asbestos that day. But -- but, yes, we have considered sites all up and down the
County. And we - this was the, believe it not, the optimum site based on availability, based on parking. And so _
and we can certainly go into that as we layout the who's and what's.
DR. RAIA: Thank you.
CHAIRMAN DOMENIE: Thank you very much.
Anybody else from the audience?
(No response.)
CHAIRMAN DOMENIE: From the board?
(No response.)
CHAIRMAN DOMENIE: Manager?
MR. HALL: I actually had just one question. We will be giving the PowerPoint presentation for the annual
report to the full board. That was my intent anyway at the upcoming meeting. And--
CHAIRMAN DOMENIE: Excuse me asking. Which PowerPoint presentation?
MR. HALL: Every year we give a presentation of the annual report.
MR. PETTY: Mr. Chairman, I - I would - I would hold off on that one and look for the presentation to be
more of a film of Clam Bay versus the annual report. Not to say that we don't like your writing and it's not riveting, Mr.
Hall, but we may want to see --
MR. HALL: Okay.
CHAIRMAN DOMENIE: My question is: What is this PowerPoint presentation? Does it cover this basically?
626
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Clam Bay Committee Meeting
,January 29, 2008
MR. HALL: Yes, sir.
161
1 A Le~
CHAIRMAN DOMENIE: Shouldn't that then come to this Committee first so that we look at it and _
MR. HALL: It's normally -- our annual report has always been a verbal presentation with some slides of the
information.
CHAIRMAN DOMENIE: I have - I have no objections.
MR. HALL: If that's -
MR. PETTY: Also I think it would be correct to come here as we discuss policy for the next year and budget
and what we want to do and operations. It should come to this Subcommittee. The regular board, I don't believe,
would be interested in seeing the PowerPoint. I could be mistaken. But I don't believe they would be. I think they'd
be more interested in seeing the video, that cumulative nine, ten year _..,
CHAIRMAN DOMENIE: Well, but the video covers ten years. The PowerPoint basically covers this report as
far as I understand.
MR. PETTY: It's more operational than it is __
CHAIRMAN DOMENIE: Yeah. I - I certainly think the whole Board should see it, but if - I have no
objections to seeing it at the board meeting.
MR. PETTY: Mr. Chairman, just - you know. trying to save you. Just to note I tried to save you.
MR. CONNELL: Yeah. I wonder at the need of showing at a full board meeting. If the majority of the board
wants to do it, indeed, we'll do it.
CHAIRMAN DOMENIE: Does the board have any feelings not having seen it?
MR. PETTY: There's not a lot of drama here. It's a very good job. well done. Excellent data and information,
but there's not a lot of drama. And we're not going to be asking the board for any decision.
DR. RAIA: I don't mind looking at it once, but I don't want to look at it twice.
CHAIRMAN DOMENIE: To me it would seem that it's something that the whole board would be interested in.
How long is this?
MR. HALL: Well, that is my question was how long you wanted it to be or how much time I had to put it
together. We had - what we've done before is just basically go through the report, show some of the photos and
screen size. Talk about the water quality, what we did this year and what we want to do next year.
627
Clam Bay Committee Meeting
I ) January 29, 2008
CHAIRMAN DOMENIE: It would seem of interest to the whole Board because they're not going to read all of
161
1 A ta~
this, so he's summarizing. As far as I understand it's a summary of this.
MR. HALL: Right.
MR. PETTY: An executive summary is fine but it should come before this Subcommittee first.
MR. CONNELL: And will a copy be available to the entire board?
CHAIRMAN DOMENIE: Pardon me?
MR. CONNELL: Will a copy be available to the entire board if they choose to have it?
MR. PETTY: Absolutely.
CHAIRMAN DOMENIE: Yeah.
MR. PETTY: But if he's going to - if Mr. Hall's going to stand up and say now here's what we're going to do
for the next year operationally, certainly that should come before the board for discussion otheiwise _
DR. RAIA: But don't we know that already though? Is he going to present that to us anyway?
MR. PETTY: We don't know - we don't have anything of conflict yet; however, you can never tell with Mr.
Hall what deep, dark secrets he's holding back.
MR. HALL: All it is -- everything I would be saying is in that report. If the board is satisfied that they've read it
and they're done, then that's fine. You know, quite honestly that's one less thing I have to do.
CHAIRMAN DOMENIE: Have you prepared this PowerPoint presentation?
MR. HALL: We have. It's not the final yet, but it is - it is drafted and put together.
MR. BURKE: You know, just a thought on this. You do probably have full board members that don't even
know where Clam Bay is. That's a slight exaggeration. They may be more worried about things like the cost of
fertilizer and stuff like that. Clam Bay and the restoration and maintenance is a full board responsibility. And I don't
think I'm alone in saying that what separates Pelican Bay from the rest of Florida is the Clam Bay system.
MR. PETTY: It's definitely the jewel.
MR. BURKE: Okay. That's the jewel and it is our responsibility. Now, if we want to cede it to the Coastal
Advisory Committee that's one thing. But I think this full board - even though I know there are members not that
concerned about it - needs to see this. And what I think Mr. Hall needs to do is come in there with a state of the
Clam Bay system report.
628
..- ')
Clam Bay Committee Meeting
~anuary 29, 2008
CHAIRMAN DOMENIE: I would agree.
161
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to~
MR. BURKE: And, you know, if you don't want to listen to it, sleep through it. But I think it - I don't think we
can pooh-pooh this and put it aside and say no one's interested. Let's not do it. I really don't.
CHAIRMAN DOMENIE: My feeling is my - I would like to recommend to this Board that we ask him to show
the chairman, who's here, could ask you to not show it. I have no - you know, but I think as Mr. Burke says, rt is
Clam Bay. That's what makes Pelican Bay.
MR. PETTY: So--
CHAIRMAN DOMENIE: But I don't want to see it two times.
MR. PETTY: Mr. Chairman --
(Multiple speakers.)
MR. CONNELL: Wait a minute. Just a moment.
CHAIRMAN DOMENIE: Excuse me.
DR. RAIA: I make a motion that the presentation be presented to the full board.
CHAIRMAN DOMENIE: I second.
MR. PETTY: Mr. Chairman, respectfully, let me suggest that the board consider that the presentation
happen to the Subcommittee for review before it is brought before the entire board if there is any issue that is to be
discussed or any issue that may be considered controversial. It would have the reverse effect at the full board
meeting.
DR. RAIA: Then I would amend to my motion. I would say I would defer to the chairman.
CHAIRMAN DOMENIE: This chairman or -
DR. RAIA: Our chairman at his discretion if he thinks it should be presented to us or not. And -- and if you
feel that your viewing of it is fine, then go ahead.
MR. CONNELL: And after it's shown, I would urge that there be a quiz or we'd like to know the effectiveness
of this.
MS. ALVAREZ: And is it something that could be presented to us, prepared then to the full committee would
be in a report format, give us time to review it as a full board to give those other members the benefit to review it and
then upon the next meeting if there's any questions or discussion then we would discuss it at that point? That way we
629
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Clam Bay Committee Meeting
..January 29, 2008
don't have to sit -- we wouldn't have to sit through two presentations. Those that are interested, look at it.
161
1 A Gk
CHAIRMAN DOMENIE: But to make a report -- what you're saying is basically make a report of this report to
present to the full board. That doesn't make -- I mean, to me if we can in 15 minutes the visual which summarizes
this, I think that is -
MR. PETTY: Mr. Chairman, if I understand Dr. Raia's motion it was to put such responsibility of review on
the chair. And I believe that would be an appropriate motion if it gets seconded. That way if the chair _
DR. RAIA: That's it. It's his decision. If he wants to look at it. If he wants to look at it and, okay, if he wants
to look at it and ask all of us to look at it also, he can do that also.
MR. PETTY: I'm looking for a backup that it be reviewed by one of the members before it goes out. I always
feel better when any type of public information is reviewed.
DR. RAIA: I think, Mr. Domenie, you ought to look at it.
MR. BURKE: Is there a hard copy?
MR. PETTY: Hard copy I think would be more than sufficient, sir. I think the Powerpoint __
CHAIRMAN DOMENIE: But there is no hard copy.
MR. HALL: It's just a series of slides, a series of slides with me talking about __
CHAIRMAN DOMENIE: I'll come to your office and look. When you're ready, I'll come to your office and look
at the PowerPoint and then I will recommend or not recommend to the full board to see it.
MR. HALL: That's fine.
CHAIRMAN DOMENIE: Okay. We don't need a motion on this.
MS. ALVAREZ: Okay.
MR. BURKE: Sorry we brought it up.
CHAIRMAN DOMENIE: Take back your motion.
DR. RAIA: I'll take it back. Easy.
CHAIRMAN DOMENIE: Okay. Then that's what we're doing. Let me know when it's ready so that I can
come over and look at it.
MR. HALL: Okay.
CHAIRMAN DOMENIE: Thank you.
630
... '" '!-,
Clam Bay Committee Meeting
January 29,2008
...
1,6'
lJ.~
lA
Mr. Chairman -
MR. CONNELL: Uh-huh.
CHAIRMAN DOMENIE: Mr. Chairman, does that meet with your approval?
MR. CONNELL: Yes, indeed it does.
CHAIRMAN DOMENIE: Anything else, anybody?
(No response.)
************
There being no further business, the meeting was adjou[ ed
order of the Chairman at 11 :35 a.m.
John Domenie, Chairman
Transcript prepared on behalf of Gregory Court Reporting Services, Inc. by Carolyn Ford - formatted by Barbara
Smith, Pelican Bay Services Division
631
To: Clerk to tbe Board: Please place the following as a:
181 Nonnallegal Advertisement
(Display Adv., location, etc.)
o Other:
161
'"
REC~
MAR 3 1 2008
~CommIUlOllllB
1 B \
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
**********************************************************************************************************
Originating Dept/ Div: Public Utilities
Person: Thomas G. Wides
Date: 1/29/08
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
aZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.
Newspaper(s) to be used: (Complete only if important):
IZI Naples Daily News
o Other
IZI Legally Required
Proposed Text: (Include legal description & common location & Size:
PUBLIC NOTICE OF FINAL AGENCY ACTION
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SFWMD Application No. 050225-37
Water Use Pennit No. 2008-022 DAO WU
Pelican BaylMule Pen Supplemental Reclaimed
Water Use Penn it Renewal
Collier County, S 19,24/T48S1R26E
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? IZI Yes 0 No If Yes, what account should be charged for advertising costs:
408-233314-649100
S?;. Jf
Date
ents: PUBLIC NOTICE OF FINAL AGENCY ACTION
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: IfIegal document is involved, be sure that any necessary legal review, or request
for same, is submitted !o County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
Misc. Coffel:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
Date:
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
Item':
Go:>ioo to:
~~
161
1 B \
***********************************************************************************************************
FOR CLERK'S OFFICE USE ?n!.: I ^Ii .
Date Received: ~t:bate of Public hearing:
Date Advertised: 4}.i.-J- () 8
161
18 \
PUBLIC NOTICE OF FINAL AGENCY ACTION
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SFWMD Application No. 050225-37
Water Use Pennit No. 2008-022 DAD WU
Pelican Bay/Mule Pen Supplemental Reclaimed
Water Use Pennit Renewal
Collier County, S19,24rr48S/R26E
Collier County hereby gives notice that on January 8,2008, South Florida Water
Management District granted Collier County's Application for Renewal of Water Use Pennit
Number 11-00052-W, Application Number 050225-37. The project is located in Collier County,
Sections 19 and 24, Township 48 South, Range 26 East. The Final Agency Action authorizes the
continuation of an existing use of ground water from the Lower Tamiami Aquifer and Water
Table Aquifer for public water supply use with an annual allocation of 1,881 million gallons
until January 8, 2013. Groundwater withdrawals are used to supplement existing reclaimed water
deliveries to provide sufficient supply to meet contract demands in peak demand/low wastewater
flow periods.
The file(s) containing the Agency Action referred to above is available for inspection
Monday through Friday except for legal holidays, 8:00 a.m. to 5:00 p.m. at the South Florida
Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406.
As required by Sections 120.569(1) and 120.60(3), Fla. Stat., the following is notice of
the opportunities which maybe available for administrative hearing or judicial review when the
substantial interests of a party are detennined b an agency. Please note that this Notice of Rights
is not intended to provide legal advice. Not all the legal proceedings detailed below may be an
applicable or appropriate remedy. You may wish to consult an attorney regarding your legal
rights.
A person whose substantial interests are affected by the proposed pennitting decision
may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the
Florida Statutes. Persons seeking a hearing on a District decision which does or may detennine
their substantial interests shall file a petition for hearing with the District Clerk within 21 days of
receipt of notice of written notice of the decision, unless one of the following shorter time
periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently
reviewed applications for environmental resource permits and use of sovereign submerged lands
pursuant to Section 373.427, Fla. Stat; or 2) within 14 days of service of an Administrative Order
pursuant to Subsection 373.1191(1), Fla. Stat. "Receipt of written notice of agency decision"
means receipt of either written notice through mail, or electronic mail, or posting that the District
has or intends to take final agency action, or publication of notice that the District has or intends
to take final agency action. Any person who receives written notice of a SFWMD decision and
fails to file a written request for hearing within the timeframe described above waives the right to
request a hearing on that decision.
161
18\
The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings
with the District Clerk must be made by mail, hand-delivery, or facsimile to the Office of the
SFWMD Clerk. Filings bye-mail will not be accepted. Any person wishing to receive a
clerked copy with the date and time stamped must provide an additional copy. A petition for
administrative hearing is deemed filed upon receipt during normal business hours by the District
Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the
office of the SFWMD Clerk after 5:00 p.m. shall be filed as of8:00 a.m. on the next regular
business day. Additional filing instructions are as follows:
· Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box
24680, West Palm Beach~ Florida 33416.
r
· Filings by hand delivery must be delivered to the Office of the SFWMD Clerk.
Delivery of a petition to the SFWMD's security desk does !!!!! constitute riling.
To ensure proper filing, it will be necessary to request the SFWMD's security
officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office
will receive and file the petition.
· Filing by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 682-
6010. Pursuant to Subsections 28-106.104(7), (8), and (9), Fla. Admin. Code., a party
who files a document by facsimile represents that the original physically signed
document will be retained by that party for the duration of that proceeding and of any
subsequent appeal or subsequent proceeding in that cause. Any party who elects to
file any document by facsimile shall be responsible for any delay, disruption, or
interruption of the electronic signals and accepts the full risk that the document may
not be filed with the clerk as a result. The filing date for a document filed by
facsimile shall be the date the SFWMD Clerk receives the complete document.
The petition must contain the information set forth below and must be filed (received by)
the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416.
Pursuant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative
hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11
inch white paper.
All petitions shall contain:
1. Identification of the action being contested, including the permit number, application
number, District file number or any other SFWMD identification number, ifknown.
2. The name, address and telephone number of the petitioner and petitioner's representative,
if any.
3. An explanation of how the petitioner's substantial interests will be affected by the agency
determination.
4. An explanation of how the petitioner received notice of the SFWMD's decision.
5. A statement of all disputed issues of material fact. If there are none, the petition must so
indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the
petitioner contends warrant reversal or modification of the SFWMD's proposed action.
161
7. A statement of the specific rules or statutes the petitioner contends requires reversal or
modification.
8. If disputed issues of material fact exist, the statement must also include an explanation of
how the alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the
petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action.
The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and
Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is not proposing
mediation for this agency action under Section 120.573, Fla. Stat., at this time.
Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected
by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a
notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District
Court of Appeal or in the appellate district where a party resides and filing a second copy of the
notice with the SFWMD Clerk within 30 days of rendering of the fmal SFWMD action.
18\
Page 1 of 4
Patricia L. Morgan
161
18
\
From: olko_b [BarbaraOlko@colliergov.net]
Sent: Wednesday, January 30, 2008 1 :03 PM
To: Brock, Mary
Cc: Patricia L. Morgan; wides_tom
Subject: FW: Collier County - Pelican Bay WUP No. 11-00052-W, Application No. 050225-37
Importance: High
Attachments: Public Notice of Final Agency Action 45h102 SIGNED.DOC.tif
Please see Scott Teach's (County Attorney) request: "One day is sufficient publication of the Notice. Please
make sure that you follow-up with the Naples Daily News for an "affidavit of publication" confirming advertisement
of the notice." This item was approved by SFWMD, 1/8/08,
I am unfamiliar with an "affidavit of publication".
Pat - would you please get back to me regarding what practice I must follow to acquire the affidavit of publication.
Barbara A. Olko
Administrative Assistant
Public Utilities Operations
ph (239) 252-2589
fax (239) 252-2660
From: wides_tom
Sent: Wednesday, January 30, 2008 8:23 AM
To: olko_b; BenkerAmysue
Subject: RE: Collier County - Pelican Bay WUP No. 11-00052-W, Application No. 050225-37
Barbara, make sure that you explain in a note that this application was already approved by SWFMD; I believe it
was on January 8, 2008 (it is in the body of the doicument). This is in response to Mary Jo Brock's question of
you. TW
From: olko_b
Sent: Wed 1/30/2008 8:20 AM
To: BenkerAmysue
Cc: wides_tom
Subject: FW: Collier County - Pelican Bay WUP No. 11-00052-W, Application No. 050225-37
I've forwarded this email to AmySue who will obtain Jim's signature, scan, and forward to Mary Jo Brock with a
note that Scott Teach wants an "affidavit of publication" from NON.
Barbara A. Olko
Administrative Assistant
Public Utilities Operations
ph (239) 252-2589
1/30/2008
fax (239) 252-2660
Page 2 of 4
16 j 19
From: wides_tom
Sent: Tuesday, January 29, 2008 4:57 PM
To: olko_b
Subject: FW: Collier County - Pelican Bay WUP No. 11-00052-W, Application No. 050225-37
Please note the changed information. Substitute and get this moving tomorrow.
We want this to be in the paper one day; preferably a Saturday or Monday. Also, see Scott's comments on
affidavit from NON. Thanks, TW
From: TeachScott
Sent: Tuesday, January 29, 2008 4:49 PM
To: wides_tom
Cc: weigeLd; DeLony_Jim; mattausch_p; YilmazGeorge; JohnssenBeth; TeachScott; KlatzkowJeff
Subject: FW: Collier County - Pelican Bay WUP No. 11-00052-W, Application No. 050225-37
Tom,
I think your proposed Notice is legally sufficient and comports with the Notice Publication information provided by
the SFWMD and the requirements of the Florida Jaw, including the legal advertisement provisions set forth in
Chapter 50 of the Florida Statutes. One day is sufficient publication of the Notice. Please make sure that you
follow-up with the Naples Daily News for an "affidavit of publication" confirming advertisement of the notice. I
did make one small change to the notice, which consists of adding a header titled "Notice of Rights." Please
contact me if you have any further questions regarding this matter.
Scott R. Teach
Managing Assistant County Attorney
Collier County, Florida
Tel: (239) 774-8400
Fax: (239) 774-0225
From: wides_tom
Sent: Tuesday, January 29,20089:24 AM
To: TeachScott
Cc: weigeLd; DeLony_Jim; mattausch_p; YilmazGeorge; JohnssenBeth
Subject: FW: Collier County - Pelican Bay WUP No. 11-00052-W, Application No. 050225-37
Scott, please review the attached files related to the legal advertising notice of the SFWMD approval of the
extension of our mule pen quarry water use permit. I believe I copied you last week that the permit has been
challenged by Pelican Bay Foundation. The intent of this advertisement is to stop further challenges.
This format has been approved by SWFMD. Do you see any critical changes? I'm trying to get a read from
deJaParte's office as to whether one day of advertising is sufficient; do you have a thought? Finally, is the legal
advertisement form sufficient? Thanks, TW
From: Kristin Yerkes [mailto:KYerkes@dgfirm.com]
Sent: Monday, January 28, 2008 6:48 PM
1/30/2008
To: wides_tom
Cc: Edward de la Parte Jr.; Vivian Arenas; Rosemarie Hernandez
Subject: RE: Collier County - Pelican Bay WUP No. 11-00052-W, Application No. 050225-37
Page 3 of 4
161 1B'
Tom,
I heard back from Jan today. Attached is the revised notice. She only changed the first sentence. Also, Ed
confirmed that one day of legal advertising in a newspaper of general circulation in Collier County is all that is
required. Please let me know if you have any other questions. Thanks.
Kristin
From: wides_tom [mailto:TomWides@colliergov.net]
Sent: Monday; January 28,20083:52 PM
To: Kristin Yerkes
Subject: RE: Collier County - Pelican Bay WUP No. 11-00052-W, Application No. 050225-37
Kristin, any new status here? BTW, once we get this approved, I believe Ed had suggested one day of legal
advertising; can you confirm if that is sufficient? Tom Wides
From: Kristin Yerkes [mailto:KYerkes@dgfirm.com]
Sent: Thursday, January 24, 2008 5:17 PM
To: wides_tom
Cc: Edward de la Parte Jr.; Vivian Arenas; Rosemarie Hernandez
Subject: FW: Collier County - Pelican Bay WUP No. 11-00052-W, Application No. 050225-37
Tom,
I apologize for the delay in sending the Notice of Final Agency Action that I promised you earlier. I have still not
heard anything back from the SFWMD. However, for your review, attached is the draft which I had sent to the
District earlier today. Please keep in mind that this draft does not reflect any changes which the District may
have. As soon as I hear anything from the District, I will let you know. Thanks.
Best,
Kristin
Kristin Yerkes, Esq.
de la Parte & Gilbert, P.A.
101 E. Kennedy Blvd. Suite 3400
Tampa, FL 33602
Tel: (813) 229-2775
Fax: (813) 229-2712
Email: kyerkes@dgfirm.com
From: Kristin Yerkes
Sent: Thursday, January 24, 2008
To: 'bross@sfwmd.gov'
Cc: Vivian Arenas; Edward de la Parte Jr.; Rosemarie Hernandez
Subject: Collier County- Pelican Bay WUP No. 11-00052-W, Application No. 050225-37
Dear Ms. Ross,
Attached for your review and approval is a copy of the Notice of Final Agency Action which our law firm has
prepared on behalf of Collier County for the Pelican Bay WUP No. 11-00052-W, Application No. 050225-37. This
1/30/2008
Page 4 of 4
16/ 18 \
Notice confirms the District's re-issuance of WUP 11-00052-W on January 8, 2008 for the continuation of an
existing use of ground water from the Lower Tamiami Aquifer and Water Table Aquifer for public water supply use
with an annual allocation of 1,881 million gallons. Please review the attached document and respond with any
additional comments you may have or your approval of the notice for Collier County's submission in newspapers
of general circulation. Thank you.
Best,
Kristin
Kristin Yerkes, Esq.
de la Parte & Gilbert, P.A.
101 E. Kennedy Blvd. Suite 3400
Tampa, FL 33602
Tel: (813) 229-2775
Fax: (813) 229-2712
Email: kyerkes@dgfirm.com
1/30/2008
16 j 18
January 30,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Public Notice of Final Agency Action
Dear Legals:
Please advertise the above referenced notice on Monday, February 4,2008, and
kindly send the Affidavit of Publication, in triplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O./Account # 408-233314-649100
16J
lal
Teresa L. Polaski
To:
Subject:
legals@naplesnews.com
Public Notice of Final Agency Action
Attachments:
Public Notice of Final Agency Action.doc; Public Notice of Final Agency Action 45h102!.DOC
Legals,
Please advertise the following on Monday, February 4, 2008. Thank you
Public Notice of
Final Agency ...
Public Notice of
Final Agency ...
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)
1
Teresa L. Polaski
161
1B\
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Wednesday, January 30, 2008 3:28 PM
Teresa L. Polaski
Delivery Status Notification (Relay)
ATT487491.txt; Public Notice of Final Agency Action
Attachments:
1!:1
~
ATT487491.txt
(231 B)
Public Notice of
Final Agency ...
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
Public Notice of Final Agency Action
Teresa L. Polaski
Page 1 of 1
161 1St
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Wednesday, January 30, 2008 3:45 PM
To: Teresa L. Polaski
Subject: RE: Public Notice of Final Agency Action
Perfect! Thank you so much.
Pam
From: Teresa L. Polaski [mailto:Teresa,polaski@collierclerk,com]
Posted At: Wednesday, January 30, 2008 3:28 PM
Posted To: Legals - NDN
Conversation: Public Notice of Final Agency Action
Subject: Public Notice of Final Agency Action
Legals.
Please advertise the following on Monday, February 4, 2008. Thank you
<<Public Notice of Final Agency Action.doc>> <<Public Notice of Final Agency Action 45h102!.DOC>>
Teresa l. Polaski, BAAR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252 -8411
(T eresa.Po laski@collierclerk.com)
1/30/2008
161
18\
NAPLES DAILY NEWS
Published Daily
Naplcs. FL 3-l1 02
Affidavit of Publication
State of Florida
County of Collier
Beforc the undersigned thcy scrve as thc authority. personally
appearcd B. Lamb. who on oath says that they
sen.c as thc Assistant Corporate Secretary of the Naples Daily,
a daily ne\\/spaper published at Naples, in Collier County,
Florida: distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on February 411,. 2008
Affialll further says that the said Naples Daily News is a newspaper
published at Karles. in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
COUllty, Florida: distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and afTiant further says that he has neither paid nor
promised any pcrsoll, firm or corporation any discount, rebate,
commission or rcfund for the purpose of securing this advertisement for
publication in the said newspaper. '
- ,J - J---d
( S(gnature of affiant)
Sworn to and subscribcd before me
This 21'\of February,2008
~tafp~~ 9..:>_
FEI 59-2578327
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JUDY JANES
Commission DO 675029
Expires May 16, 2011
Bonded Thru Troy Fain Insurance 800-385-7019
16J 1
MEMORANDUM
Date:
April 23, 2008
To:
Joyce Houran, Grants Coordinator
Collier County Sheriff's Office
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
SCAAP 2008 Application Letter
Enclosed please find an original of the above referenced document,
(Agenda Item #16Jl) adopted by the Board of County Commissioners on
Tuesday, April 22, 2008.
If you have any questions you can contact me at 252-7240.
Thank you
Enclosures (1)
PJJ~ o/7i~ 7iownty 7i~
3301 East Tamiami Trail · Naples, Florida 34112 - 4977
(239) 774-8097. Fax (239) 774-3602
1
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
April 22, 2008
SCAAP 2008
Bureau of Justice Assistance Control Desk
810 Seventh Street, NW
Washington, DC 20531
Re: Designated Official
For SCAAP 2008 application
Ladies and Gentlemen:
Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien
Assistance Program (SCAAP 2008) compliance requirement, as the Chairman
of the Collier County Board of Commissioners, I approve and designate Don
Hunter, Sheriff of Collier County, Florida, as the signing official and
contact person (or his designee), for application, receiver, and expender
of SCAAP 2008 funding.
Si~lY, .
:Jr;t---
Tom Henning
Chairman
Collier County Commission
~ . \'~Ht;D .
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~TTEST: . ~ ....
,~.~Dwf,GHJ.P BR'9CK, Clfm~
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. .,
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Agenda .\1-'11/ O~
Date ~
~~d ~
ITEM NO:
FILE NO. :
ROUTED TO: of. 5HF ~"tJt; f
DATE..~~~~t':U)~~ :l'Ht.
. :(~;f~~.lTY A11oRNE'l
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DO NOT WRITE ABOVE THIS SPACE
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date: April 1, 2008
To: Office of the County Attorney Attention: Colleen Greene,Esq.
From: Carol Golightly Cd
(Name) -r,J
Sheriff's Office
(Division)
Finance Director
(Title)
Finance Division
(Department)
Re: State Criminal Alien Assistance Grant Program (2008)
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, and articulate),
Sheriff Don Hunter is seeking twelfth year State Criminal Alien
Assistance Program (SCAAP) grant funds. Former Board Chairman James Coletta
signed the last signatory delegation letter. Approval from the Board is
being sought to have an updated letter signed by the current Board Chairman.
The Executive Summary and designation letter are attached for your approval.
(Are there documents or other information needed to review this matter? If yes, attach and
reference this information). Yes - last year's delegation letter.
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(If previously submitted, provide County Attorney's Office file number.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way 0
Legal approval of the delegation letter.
If Ifh1YlJ}-tJ M 1lJ ,firem f
~~Ci~.
C~W1~
OTHER COMMENTS:
CC: Don Hunter, Sheriff
All requests must be copied to your appropriate Division Head
or Constitutional Officer.)
jh/legalscaap200B
16 K 41 ~
MEMORANDUM
Date: April 23, 2008
To: Peter Lund, Operations Analyst
Public Utilities
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
CC: Jeniffer Belpedio, Assistant County Attorney
County Attorney's Office
Re: Agreement for Delivery and Reuse of
Irrigation Quality (IQ) Water
Enclosed please find one (1) original documents as referenced above
(Agenda Item #16Kl) approved by the Board of County Commissioners
on April 22, 2008
An original has been retained by the Minutes and Records Department for
the Board's record.
If you have any questions, please call 252-7240.
Thank you.
Enclosure (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 KIt
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 sliouidbe hand delivered to /11e Board Office. The completed routing slip and original
documents are to be fOlwarded 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 Chairman's si ature, draw a line throu h routing lines #1 throll h #4, co lete the checklist, and forward to Sue Filson line#5 .
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Peter Lund, Public Utilities
Contact
Agenda Date Item was 4/22/08
Approved by the Bee
Type of Document
Attached
2.
3.
4. Jennifer A. Belpedio, Assistant County
Attorney
County Attorney
~~,> -~
4/22/08
(239) 252-2556
16K(I)
(2) Two
Yes
(Initial)
JAB
N/A (Not
Applicable)
5. Sue Filson, Executive Manager
Board of County Commissioners
N/A
JAB
JAB
N/A
JAB
6. Minutes and Records
Clerk of Court's Office
JAB
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
<<matter _ number>>/ <<document_number>>
7. Jennifer A. Belpedio, Assistant County
Attorney
County Attorney
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Agreement
Number of Original
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 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 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 April 22. 2008 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's Office has
reviewed the chan es,if a Iicable.
Please record and return one executed ori inal document to Jennifer A. Bel edio, ACA
2.
3.
4.
5.
6.
7.
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AGREEMENT FOR DELIVERY AND REUSE OF
IRRIGATION OUALITY (10) WATER
',,\hcl ~.I
THIS AGREEMENT is made and entered into this ~ day of (I 2008, by and
between PELICAN MARSH COMMUNITY DEVELOPMENT DIST ICT (hereinafter
referred to as "PMCDD") representing the individual accounts located within the PMCDD and
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY W A TER-
SEWER DISTRICT, (hereinafter referred to as "District").
WHEREAS, the District is desirous of obtaining for its customer base long-term treated
wastewater etlluent and/or supplemental water resources (herein referred to as "IQ water")
provided to the PMCDD by the District: and
WHEREAS, PMCDD is desirous of obtaining from the District IQ water as a long term
resource for approved uses located only upon the seven hundred fifty-seven and 95/100 (757.95)
acres described in Exhibit "A", with the exception of the Ashton Gardens and St. Croix
developments, who maintain separate agreements, and the Pelican Marsh, Tiburon and Bay
Colony Golf Courses, attached hereto (hereinafter referred to as "Property").
NOW, THEREFORE, the parties agree as follows:
1. PURPOSE. PMCDD has requested that the District provide available IQ water to
individual end~user service accounts located within the Property.
2. PRESSURIZED AND DISTRIBUTED SYSTEM. The District agrees to provide to
PMCDD'S individual end-user service accounts IQ Water pressurized via the pump station
located at 1505 Pelican Marsh Blvd., operating at a setpoint pressure of 80 (plus or minus 5
psi). The District reserves the right to discontinue service for the remainder of the week if
PMCDD'S individual end-users use of IQ Water exceeds I" per acre of the Property per
week. For the purposes of this paragraph a week shall commence at 12:00 am Sunday and
end at 11 :59 am on the following Sunday. The District may increase the setpoint pressure if
additional pressure is needed to meet the demands of PMCDD'S individual end-users use of
IQ Water up to 1" per acre of the Property per week. The District may alter setpoint pressure
as allowed by the Collier County Water-Sewer District Irrigation Quality Water Policy and
such other governmental regulations as from time to time become effective, or their
successors in function.
3. The parties acknowledge that there can be additional meters, additional users or units
added in the future. Should the addition of additional users or units after the effective date of
this agreement result in the PMCDD reasonably desiring additional pressure downstream of
said pump station with advance approval from the District, which approval shall not be
unreasonably withheld, PMCDD will pay all costs associated with the initial design, building
and construction of a booster or additional pump station and other equipment as needed for
that purpose. In said event, any such booster or additional pumps, once completed, will be
inspected for compliance with existing utility standards and if compliant with regulations in
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effect at the time of inspection. accepted by. and conveyed to the District. and thereafter. the
cost of maintenance and replacement shall be borne by the District
4. 25 YEAR AGREEMENT WITH REVIEW EVERY FIVE YEARS. This Agreement is for
a 25-year term from the Agreement's effective date. At the end of each five (5) year period.
and within approximately ninety (90) days before the end of each successive five (5) year
period thereafter. this A!:,1feement shall be amended and revised to reflect all of the terms and
provisions then being incorporated in like agreements by the District for delivery and use of
IQ water. Subsequent to the initial twenty-five (25) year term of this Agreement, this
Agreement shall automatically be renewed for only successive five (5) year periods, unless
terminated by either party as provided for herein.
5. QUALITY AND USE OF IQ WATER. The' IQ water shall be supplemental water
resources and/or wastewater effluent that has been treated for irrigation use to the standards
now and hereafter required by the Florida Department of Environmental Protection. PMCDD
shall accept the IQ water delivered by the District and use it within the PMCDD always in
full compliance with then applicable local, state and federal rules and regulations. Except for
normal and customary irrigation use IQ water may incidentally be sprayed into the lakes,
ponds, ditches and sloughs within the PMCDD. IQ water shall not be discharged into the
surface waters of the State of Florida without written authorization from the South Florida
Water Management District and the Department of Environmental Protection, as applicable.
District shall take reasonable precautions, including signs, labeling and color-coding to
prevent confusion between IQ water and other water sources.
6. POINT OF DELIVERY DEFINED.
A. The point of delivery of IQ water shall be where the IQ water passes from individual end-
use account meters located within the PMCDD. The District shall own, operate and maintain
the IQ water distribution system, which consists of the pump station located at 1505 Pelican
Marsh Boulevard and related lake storage facility, any booster stations once installed, the IQ
water transmission and distribution lines, the end-use account meters and any other IQ water
meters. and any and all appurtenances thereto, and the District shall be deemed to be in
possession and control of the IQ water therein only upstream of each point of delivery. "Point
of delivery" is used as singular or plural, as the context requires.
B. The District acknowledges that it is the owner of the IQ water distribution system
previously conveyed to it. as depicted on the attached Exhibit "B", and further acknowledges
and agrees that it will accept the conveyance of the balance of the existing IQ water
distribution system depicted on the attached Exhibit "c., provided that conveyance is
effectuated by utility easements and warranty bills of sale in form and content acceptable to
the District conveying free and unencumbered easement and ownership rights. PMCDD
shall provide, at PMCDD's expense. copies of all surveys. maps, and sketches in PMCDD'S
possession or control. and legal descriptions and opinions of title required by District in
furtherance of proper conveyance. If subsequent amendments or corrections to the foregoing
conveyances are reasonably required, PMCDD shall provide same at their expense.
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C. The facilities and improvements described in 5.A and 5.B above are hereinafter referred
to as the "IQ Facilities".
7. DISTRICT RESPONSIBILITIES. Except to the extent, if any, clearly and expressly
specified in the Special Provisions Paragraph in this Agreement to the contrary, the District
shall be responsible for the operation, maintenance, design, construction, permitting,
financing of all costs and operation of the IQ Facilities. The District shall own, operate and
maintain the IQ Facilities, and shall be deemed to be in possession and control of the IQ
water therein. The District shall bear all costs of operation and maintenance of the IQ
Facilities.
8. STANDARD OF MAINTENANCE. District shall maintain all IQ water distribution
facilities at current and then existing standards equal to the maintenance standards for
comparable utility facilities maintained by the District. The District shall have the right to
enter upon the Property to correct any maintenance deficiencies.
9. RATE TO BE CHARGED FOR IQ WATER. For having available and/or furnishing the
IQ water and maintaining the IQ water system, the District shall charge the individual
accounts located within the PMCDD the published prevailing rates and charges.
10. RATE CHANGES. The District reserves its rights to from time-to-time decrease or
increase the IQ water rate subject to providing at least thirty (30) days prior written notice of
such change to the individual accounts located within the PMCDD. Any increase in the IQ
water rate shall only arise from the District's increase in costs representing production,
treatment and delivery of IQ water or as the result of a rate study or Ordinance that
determines that an increase in the IQ water rate is required to finance the costs of production,
treatment and delivery of IQ water. Any rate increase shall be the same increase or rate
change to similarly situated users. The intent and purpose is to supply the subject IQ water to
the individual accounts located within the PMCDD that is then being charged to other
similarly situated users, the same being other users that are then in the same rate class as the
individual accounts within PMCDD.
II. BILLING. Subject to the terms and conditions of this Agreement, the DISTRICT shall
invoice the individual end user service accounts located within the PMCDD for services on a
monthly basis in accordance with billing cycle meter readings, calculated charges and other
applicable service fees. The invoice shall include, the billing period of service, the amount of
IQ water service flows for each billing cycle, the total dollar and cents amount of the invoice,
the amount of any credit applicable to said invoice whether by payment or otherwise, contact
telephone number for questions regarding the invoice. The individual accounts located
within the PMCDD shall deliver payment to the District in full based upon the invoice
amount by the due date of the invoice from the DISTRICT. If payment is not received by the
District by the due date on the invoice, individual accounts located within the PMCDD may
be liable for the payment of any penalties on the outstanding balance as established from
time to time by the DISTRICT, which penalty charges being the same as those applied to all
other customers of the DISTRICT as established by County Ordinance or Resolution. The
charging of penalties shall not extend the due date for any payment and any failure to pay
3
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may be considered a default under the terms of this Agreement as to the non-paying
individual customer. As specified by Collier County Ordinance No. 2001-73, as amended,
the subject IQ water service from the DISTRICT to the individual accounts will be
discontinued when delinquent for non-payment of bills.
12. UNPAID FEES ARE A STATUTORY LIEN. The PMCDD will inform the individual
accounts located within the PMCDD that in the event the fees, rates or charges of the
facilities and services provided for under this Agreement shall not be paid (become
delinquent) by the individual end user service account, any unpaid balance and all interest
accruing thereon shall be a lien on the affected property pursuant to Chapter 153, Part II,
Florida Statutes, as amended, and pursuant to the Special Act that pertains to the District,
which is now Chapter 2003-353, Laws of Florida.
13. PMCDD EMERGENCY SITUATIONS. In the event of an emergency, as defined below,
the individual accounts located within the PMCDD, or the PMCDD, shall notify any of those
District representatives set forth herein and request that pumping of IQ water temporarily
cease. Such notice shall be in writing where circumstances permit and, in the event of an
immediate emergency, such notice may be by telephone with subsequent written
confirmation. Emergencies shall include, but, not limited to:
(a) Weather conditions such as hurricanes, floods or unseasonably excessive rainfall that
makes it impossible for the individual accounts located within PMCDD to accept IQ
water.
(b) Short term equipment or material failure, making it impossible for the District to deliver
the IQ water.
(c) An act of God that makes it impossible for PMCDD end users to accept the IQ water.
14. NOTIFICATION OF DISTRICT. Those representatives of District who shall be notified
in the event of an emergency are:
Collier County North Wastewater Reclamation Facility
10500 Good1ette Road
Naples, Florida 34109
(239) 252-5355
Collier County Irrigation Quality Water Manager
4370 Mercantile Avenue
Naples, Florida 34104
(239) 825-0403
Collier County Wastewater Director
10500 Goodlette Rd.
Naples, Florida 34109
(239) 289-9685
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,.
Collier County Public Utilities Administrator
300 I Tamiami Trail, East
Naples, Florida 34 I 12
(239) 252-2540
15. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER IQ WATER. The individual
accounts located within the PMCDD shall not hold the District liable for failure to deliver IQ
water if a reasonable situation [not caused or created by the actions or inactions of the
District] preventing such delivery exists. Such situations shan include, but not be limited to:
(a) A lack of IQ water due to a loss or lack of flow to or from the treatment plant or due to
process failure.
(b) Non-compliant conditions of the IQ water making it unusable for approved uses.
(c) Equipment or material failure in the IQ water delivery system, including storage and
pumpmg.
(d) An act of God that makes delivery of reclaimed water by the District not reasonably feasible
or impossible.
(e) Other plant upsets caused by mechanical or a biological process that would prevent delivery
of IQ water to the system.
16. NOTIFICATION OF PMCDD AND PROVIDER. The representative of PMCDD and
Provider who shall be notified in the event of an emergency or District's inability to deliver
IQ water is:
PMCDD:
Pelican Marsh Community Development District
A TTN: Director of Operations
985 Pelican Marsh Blvd.
Naples, FL 34108
(239) 592-5181
. PROVIDER:
Collier County Water Sewer District
A TTN: Irrigation Quality Water Manager
4370 Mercantile Ave.
Naples, FL 34104
(239) 252-4287
If and when emergency situations occur, the District shan try to notifY PMCDD by telephone
and try to promptly follow up with a letter stating the nature of the emergency and the
anticipated duration.
5
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17. WRITTEN NOTICE OF ADDRESS AND TELEPHONE CHANGES REQUIRED.
PMCDD may change the above mailing address and/or phone numbers at any time upon giving
the Collier County Irrigation Quality Manager notification by U.S. Mail. The District may
change the above mailing address and/or phone numbers at any time upon giving the President or
Property Manager of the PMCDD notitication by U.S. Mail.
18. EXCUSE FOR PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during
the term of this Agreement, local, state or federal governments or agencies shall fail to issue
necessary permits, grant necessary approvals, or shall require any change in the operation of the
treatment, transmission and distribution systems or the application and use of IQ water, then to
the extent that such requirements shall affect the ability of any party to perform any of the terms
of this Agreement, then the atfected party shall be excused from the performance thereof and the
parties hereto in contormity with such permits, approvals, or requirements shall negotiate a new
agreement, if possible. However, nothing shall require PMCDD or District to accept any new
agreement if it substantially adds to its burdens and obligations hereunder.
19. PMCDD'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The
PMCDD shall have the right to terminate this Agreement if the District continually fails to
deliver IQ water subject to the exemptions specified in Paragraph 14 hereinabove. The PMCDD
shall have the right to sell, transfer or encumber the land areas owned by PMCDD irrigated with
the IQ water as described in Exhibit A, except that written notice of any proposed sale, transfer,
and/or change of name must be given to the District, as provided for herein, at least thirty (30)
days prior to sale or transfer.
20. DISTRICT'S RIGHT TO TERMINATION. The District shall have the right to terminate this
AbTfeement if the PMCDD no longer accepts IQ water under the conditions described herein, or
the PMCDD is or reasonably appears to be illegally using or disposing the IQ water, or if the
PMCDD fails to pay PMCDD's delinquent fees, rates or charges for the services and facilities
billed to PMCDD under this Agreement, or if any other event beyond the control of the District
prevents performance. If the Property is annexed into a municipal corporation or is incorporated
as a municipal corporation, District shall have the unilateral right to substitute potable water in
lieu of IQ water (if such potable water is then available or can be made available to serve the
PMCDD), and if such potable water is not then available or cannot be made available, the
District may unilaterally terminate this Agreement upon giving PMCDD at least three hundred
and sixty-five (365) days advanced written notice of such intent to terminate.
21. TIME OF TERMINA nON. Whenever practical, substitution of potable water or termination
on the part of either party (including based upon annexation or incorporation pursuant to the last
sentence in Paragraph 19, above) shall not occur before one hundred eighty (180) days after the
terminating party has notified the other party in writing, except in the instance where PMCDD is,
or reasonably appears to be, irresponsibly or illegally disposing of or using the IQ water.
22. ACCESS. The District shall the right, but not the duty, to enter upon the Property of the
PMCDD to review and inspect the practices of PMCDD with respect to conditions agreed herein
and/or to maintain, repair, replace, relocate or otherwise deal with the IQ Facilities. Such entry
shall also be for the purpose of review of the operation of the IQ Facilities tor inspection of
6
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distribution mains and appurtenances, and for sampling at any monitoring well located on the
property of the PMCDD. PMCDD may have a representative accompany the District's
personnel.
23. INDEMMIFICA TION. PMCDD acknowledges that the IQ water, due to its chemical
composition, may not be compatible for irrigation on certain susceptible vegetation. To the
extent authorized by law, PMCDD agrees that District shall not be liable for damages that may
occur to vegetation or for any other damages that may occur due to the use or acceptance of the
IQ water that meets the quality standards specified in Paragraph 4.
24. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is solely for the
benefit of the formal parties hereto, and their successors in interest, and no right or cause of
action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party
hereto.
25. SEVERABILITY. If any court finds any part of this Agreement invalid or unenforceable,
such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights
and obligations of the parties contained therein are not materially prejudiced and if the intentions
of the parties can continue to be affected. To that end, this Agreement is declared severable.
26. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either
granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of
land use zoning approvals, permissions, variances, special exceptions or any other rights with
respect to the real property in the approved uses area.
27. APPLICABLE LAW. This Agreement and the prOVISIons contained herein shall be
construed, controlled and interpreted according to the laws of the State of Florida, all then
applicable provisions of the Florida Administrative Code, and the then current Collier County
Reclaimed Water Ordinance, Collier County Water-Sewer District Irrigation Quality Water
Policy and such other governmental regulations as from time to time become effective, or their
successors in function.
28. RECORDATION. This Agreement shall be recorded in the Public Records of Collier
County, Florida at the expense of PMCDD.
29. ASSIGNMENT. Assignment or transfer of the PMCDD's rights or obligations under this
Agreement is prohibited without prior written consent of the District. Any attempt by PMCDD to
assign or otherwise transfer this Agreement from off of the Property shall be null and void (void
ab initio).
30. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and
aSSIgns.
31. ENTIRE AGREEMENT. This Agreement terminates any previous agreements between the
DISTRICT and the PMCDD. This Agreement coincides and becomes effective upon signature
and conveyance of the pump station and storage pond located at 1505 Pelican Marsh Blvd., from
7
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PMCDD to the District. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter referenced herein. Any amendment hereto shall be in writing
duly executed by the parties hereto, or their successors in interest to the Property. Each amending
a!:,1feement shall clearly and specifically refer to this Agreement by title and date. E.g., "First
Amendment to that Agreement for Delivery and Reuse of Irrigation Quality Water, which
commenced on the day of , 200_, between the Collier County
Water-Sewer District and Pelican Marsh Community Development District.
IN WITNESS WHEREOF, the parties have subscribed their hands and seals for the day and
year first above mentioned.
'It
ure)
,l/k; /' H
(Printed Name)
PELICAN MARSH
DEVELOPMENT DISTRICT
COMMUNITY
Wl~
Gordon M .Brown, Chairman
By:
Approval as to form and legal
sufficiency:
8
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By:
Approval as to fonn and legal
sufficiency:
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Jenn fer A. Belp '0
Assistant County Attorney
06- WTR-00022/66I
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MEMORANDUM
Date: April 23, 2008
To: Peter Lund, Operations Analyst
Public Utilities
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
CC: Jeniffer Belpedio, Assistant County Attorney
County Attorney's Office
Re: Agreement for Delivery and Reuse of
Irrigation Quality (IQ) Water
Enclosed please find one (1) original documents as referenced above
(Agenda Item #16Kl) approved by the Board of County Commissioners
on April 22, 2008
An original has been retained by the Minutes and Records Department for
the Board's record.
If you have any questions, please call 252-7240.
Thank you.
Enclosure (1)
16
~1
Retn:
CLBRK TO THB BOARD
INTBROFFICI 4TH PLOOR
BIT 1240
4157575 OR: 4353 PG: 2550
RICORDBD in the OFFICIAL RBCORDS of COLLIBR COURTY, FL
04/25/2008 at 02: 14PK DWIGHT I. BROCK, CURX .'
16/(,
!.~.Jilr
129.00
RBC FBI
AGREEMENT FOR DELIVERY AND REUSE OF
IRRIGATION OUALITY (10) WATER
,")",\",e.. ~I
THIS AGREEMENT is made and entered into this O!.at- day of n 2008, by and
between PELICAN MARSH COMMUNITY DEVELOPMENT DIST ICT (hereinafter
referred to as "PMCDD") representing the individual accounts located within the PMCDD and
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY W A TER-
SEWER DISTRICT, (hereinafter referred to as ""District").
WHEREAS, the District is desirous of obtaining for its customer base long-term treated
wastewater effluent and/or supplemental water resources (herein referred to as ""IQ water")
provided to the PMCDD by the District: and
WHEREAS, PMCDD is desirous of obtaining from the District IQ water as a long term
resource for approved uses located only upon the seven hundred fifty-seven and 95/100 (757.95)
acres described in Exhibit uA", with the exception of the Ashton Gardens and St. Croix
developments, who maintain separate agreements, and the Pelican Marsh, Tiburon and Bay
Colony Golf Courses, attached hereto (hereinafter referred to as ""Property").
NOW, THEREFORE, the parties agree as follows:
1. PURPOSE. PMCDD has requested that the District provide available IQ water to
individual end~user service accounts located ~ithin the Property.
2. PRESSURIZED AND DISTRIBUTED SYSTEM. The District agrees to provide to
PMCDD'S individual end-user service accounts IQ Water pressurized via the pump station
located at 1505 Pelican Marsh Blvd., operating at a setpoint pressure of 80 (plus or minus 5
psi). The District reserves the right to discontinue service for the remainder of the week if
PMCDD'S individual end-users use of IQ Water exceeds I" per acre of the Property per
week. For the purposes of this paragraph a week shall commence at 12:00 am Sunday and
end at 11 :59 am on the following Sunday. The District may increase the setpoint pressure if
additional pressure is needed to meet the demands of PMCDD'S individual end-users use of
IQ Water up to 1" per acre of the Property per week. The District may alter setpoint pressure
as allowed by the Collier County Water-Sewer District Irrigation Quality Water Policy and
such other governmental regulations as from time to time become effective, or their
successors in function.
3. The parties acknowledge that there can be additional meters, additional users or units
added in the future. Should the addition of additional users or units after the effective date of
this agreement result in the PMCDD reasonably desiring additional pressure downstream of
said pump station with advance approval from the District, which approval shall not be
unreasonably withheld, PMCDD will pay all costs associated with the initial design, building
and construction of a booster or additional pump station and other equipment as needed for
that purpose. In said event, any such booster or additional pumps, once completed, will be
inspected for compliance with existing utility standards and if compliant with regulations in
,~
J6/(
OR: 4353 PG: 2551 ~
effect at the time of inspection, accepted by, and conveyed to the District, and thereafter, the
cost of maintenance and replacement shall be borne by the District
4.25 YEAR AGREEMENT WITH REVIEW EVERY FIVE YEARS. This Agreement is for
a 25-year term from the Agreement's effective date. At the end of each five (5) year period,
and within approximately ninety (90) days before the end of each successive five (5) year
period thereafter. this Agreement shall be amended and revised to retlect all of the terms and
provisions then being incorporated in like agreements by the District for delivery and use of
IQ water. Subsequent to the initial twenty-five (25) year term of this Agreement, this
Agreement shall automatically be renewed for only successive five (5) year periods, unless
terminated by either party as provided for herein.
5. QUALITY AND USE OF IQ WATER. The IQ water shall be supplemental water
resources and/or wastewater effluent that has been treated for irrigation use to the standards
now and hereafter required by the Florida Department of Environmental Protection. PMCDD
shall accept the IQ water delivered by the District and use it within the PMCDD always in
full compliance with then applicable local, state and federal rules and regulations. Except for
normal and customary irrigation use IQ water may incidentally be sprayed into the lakes,
ponds, ditches and sloughs within the PMCDD. IQ water shall not be discharged into the
surface waters of the State of Florida without written authorization from the South Florida
Water Management District and the Department of Environmental Protection, as applicable.
District shall take reasonable precautions, including signs, labeling and color-coding to
prevent confusion between IQ water and other water sources.
6. POINT OF DELIVERY DEFINED.
A. The point of delivery of IQ water shall be where the IQ water passes from individual end-
use account meters located within the PMCDD. The District shall own, operate and maintain
the IQ water distribution system, which consists of the pump station located at 1505 Pelican
Marsh Boulevard and related lake storage facility, any booster stations once installed. the IQ
water transmission and distribution lines, the end-use account meters and any other IQ water
meters, and any and all appurtenances thereto, and the District shall be deemed to be in
possession and control of the IQ water therein only upstream of each point of delivery. "Point
of delivery" is used as singular or plural, as the context requires.
B. The District acknowledges that it is the owner of the IQ water distribution system
previously conveyed to it. as depicted on the attached Exhibit "B", and further acknowledges
and agrees that it will accept the conveyance of the balance of the existing IQ water
distribution system depicted on the attached Exhibit "e" provided that conveyance is
effectuated by utility easements and warranty bills of sale in form and content acceptable to
the District conveying free and unencumbered easement and ownership rights. PMCDD
shall provide, at PMCDD's expense. copies of all surveys, maps, and sketches in PMCDD'S
possession or control. and legal descriptions and opinions of title required by District in
furtherance of proper conveyance. I f subsequent amendments or corrections to the foregoing
conveyances are reasonably required, PMCDO shall provide same at their expense.
2
>>r3
16/(
OR: 4353 PG: 2552 ~
C. The facilities and improvements described in 5.A and 5.B above are hereinafter referred
to as the "IQ Facilities".
7. DISTRICT RESPONSIBILITIES. Except to the extent, if any, clearly and expressly
specitied in the Special Provisions Paragraph in this Agreement to the contrary, the District
shall be responsible for the operation, maintenance, design, construction, pennitting,
financing of all costs and operation of the IQ Facilities. The District shall own, operate and
maintain the IQ Facilities, and shall be deemed to be in possession and control of the IQ
water therein. The District shall bear all costs of operation and maintenance of the IQ
Facilities.
8. STANDARD OF MAINTENANCE. District shall maintain all IQ water distribution
facilities at current and then existing standards equal to the maintenance standards for
comparable utility facilities maintained by the District. The District shall have the right to
enter upon the Property to correct any maintenance deficiencies.
9. RATE TO BE CHARGED FOR IQ WATER. For having available and/or furnishing the
IQ water and maintaining the IQ water system, the District shall charge the individual
accounts located within the PMCDD the published prevailing rates and charges.
10. RATE CHANGES. The District reserves its rights to from time-to-time decrease or
increase the IQ water rate subject to providing at least thirty (30) days prior written notice of
such change to the individual accounts located within the PMCDD. Any increase in the IQ
water rate shall only arise from the District's increase in costs representing production,
treatment and delivery of IQ water or as the result of a rate study or Ordinance that
determines that an increase in the IQ water rate is required to finance the costs of production,
treatment and delivery of IQ water. Any rate increase shall be the same increase or rate
change to similarly situated users. The intent and purpose is to supply the subject IQ water to
the individual accounts located within the PMCDD that is then being charged to other
similarly situated users, the same being other users that are then in the same rate class as the
individual accounts within PMCDD.
II. BILLING. Subject to the tenns and conditions of this Agreement, the DISTRICT shall
invoice the individual end user service accounts located within the PMCDD for services on a
monthly basis in accordance with billing cycle meter readings, calculated charges and other
applicable service fees. The invoice shall include. the billing period of service, the amount of
IQ water service flows tor each billing cycle, the total dollar and cents amount of the invoice,
the amount of any credit applicable to said invoice whether by payment or otherwise, contact
telephone number for questions regarding the invoice. The individual accounts located
within the PMCDD shall deliver payment to the District in full based upon the invoice
amount by the due date of the invoice from the DISTRICT. Ifpayment is not received by the
District by the due date on the invoice, individual accounts located within the PMCDD may
be liable for the payment of any penalties on the outstanding balance as established from
time to time by the DISTRICT, which penalty charges being the same as those applied to all
other customers of the DISTRICT as established by County Ordinance or Resolution. The
charging of penalties shall not extend the due date for any payment and any failure to pay
3
!J)l3
16/(
OR: 4353 PG: 2553 Jr
may be considered a default under the tcnns of this Agreement as to the non-paying
individual customer. As specified by Collier County Ordinance No. 2001-73. as amended,
the subject IQ water service from the DISTRICT to the individual accounts will be
discontinued when delinquent tor non-payment of bills.
12. UNPAID FEES ARE A STATUTORY LIEN. The PMCDD will inform the individual
accounts located within the PMCDD that in the event the fees, rates or charges of the
facilities and services provided for under this Agreement shall not be paid (become
delinquent) by the individual end user service account, any unpaid balance and all interest
accruing thereon shall be a lien on the atfected property pursuant to Chapter 153, Part 11,
Florida Statutes, as amended. and pursuant to the Special Act that pertains to the District,
which is now Chapter 2003-353, Laws of Florida.
13. PMCDD EMERGENCY SITUATIONS. In the event of an emergency, as defined below,
the individual accounts located within the PMCDD, or the PMCDD. shall notify any of those
District representatives set forth herein and request that pumping of IQ water temporarily
cease. Such notice shall be in writing where circumstances permit and, in the event of an
immediate emergency, such notice may be by telephone with subsequent written
confirmation. Emergencies shall include, but, not limited to:
(a) Weather conditions such as hurricanes, floods or unseasonably excessive rainfall that
makes it impossible for the individual accounts located within PMCDD to accept IQ
water.
(b) Short term equipment or material failure, making it impossible for the District to deliver
the IQ water.
(c) An act of God that makes it impossible for PMCDD end users to accept the IQ water.
14. NOTIFICATION OF DISTRICT. Those representatives of District who shall be notified
in the event of an emergency are:
Collier County North Wastewater Reclamation Facility
10500 Goodlette Road
Naples, Florida 34109
(239) 252-5355
Collier County Irrigation Quality Water Manager
4370 Mercantile Avenue
Naples, Florida 34104
(239) 825-0403
Collier County Wastewater Director
10500 Goodlette Rd.
Naples. Florida 34] 09
(239) 289-9685
4
1;6
OR: 4353 PG:
16/(
2554 .
I
Collier County Public Utilities Administrator
3001 Tamiami Trail, East
Naples, Florida 34112
(239) 252-2540
15. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER IQ WATER. The individual
accounts located within the PMCDD shall not hold the District liable for failure to deliver IQ
water if a reasonable situation [not caused or created by the actions or inactions of the
District] preventing such delivery exists. Such situations shall include, but not be limited to:
(a) A lack of lQ water due to a loss or lack of flow to or from the treatment plant or due to
process failure.
(b) Non-compliant conditions of the lQ water making it unusable for approved uses.
(c) Equipment or material failure in the lQ water delivery system, including storage and
pumpmg.
(d) An act of God that makes delivery of reclaimed water by the District not reasonably feasible
or impossible.
(e) Other plant upsets caused by mechanical or a biological process that would prevent delivery
of IQ water to the system. .
16. NOTIFICA nON OF PMCDD AND PROVIDER. The representative of PMCDD and
Provider who shall be notified in the event of an emergency or District's inability to deliver
IQ water is:
PMCDD:
Pelican Marsh Community Development District
A TIN: Director of Operations
985 Pelican Marsh Blvd.
Naples. FL 34108
(239) 592-5181
PROVIDER:
Collier County Water Sewer District
A TIN: Irrigation Quality Water Manager
4370 Mercantile Ave.
Naples. FL 34104
(239) 252-4287
If and when emergency situations occur, the District shall try to notify PMCDD by telephone
and try to promptly follow up with a letter stating the nature of the emergency and the
anticipated duration.
5
JJr/J
OR: 4353 PG: 2555 16..r 1
17. WRITTEN NOTICE OF ADDRESS AND TELEPHONE CHANGES REQUIRED.
PMCDD may change the above mailing address and/or phone numbers at any time upon giving
the Collier County Irrigation Quality Manager notification by U.S. Mail. The District may
change the above mailing address and/or phone numbers at any time upon giving the President or
Property Manager of the PMCDD notification by U.S. Mail.
18. EXCUSE FOR PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during
the term of this Agreement, local, state or federal governments or agencies shall fail to issue
necessary pennits, grant necessary approvals, or shall require any change in the operation of the
treatment, transmission and distribution systems or the application and use of IQ water, then to
the extent that such requirements shall affect the ability of any party to pertonn any of the terms
of this Agreement, then the affected party shall be excused from the perfonnance thereof and the
parties hereto in confonnity with such permits. approvals, or requirements shall negotiate a new
agreement, if possible. However, nothing shall require PMCDD or District to accept any new
agreement if it substantially adds to its burdens and obligations hereunder.
19. PMCDD'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The
PMCDD shall have the right to tenninate this Agreement if the District continually tails to
deliver lQ water subject to the exemptions specified in Paragraph 14 hereinabove. The PMCDD
shall have the right to sell, transfer or encumber the land areas owned by PMCDD irrigated with
the IQ water as described in Exhibit A, except that written notice of any proposed sale, transfer,
and/or change of name must be given to the District, as provided for herein, at least thirty (30)
days prior to sale or transfer.
20. DISTRICT'S RIGHT TO TERMINATION. The District shall have the right to terminate this
Agreement if the PMCDD no longer accepts IQ water under the conditions described herein, or
the PMCDD is or reasonably appears to be illegally using or disposing the lQ water, or if the
PMCDD fails to pay PMCDD's delinquent fees, rates or charges for the services and facilities
billed to PMCDD under this Agreement. or if any other event beyond the control of the District
prevents perfonnance. If the Property is annexed into a municipal corporation or is incorporated
as a municipal corporation, District shall have the unilateral right to substitute potable water in
lieu of lQ water (if such potable water is then available or can be made available to serve the
PMCDD). and if such potable water is not then available or cannot be made available, the
District may unilaterally terminate this Agreement upon giving PMCDD at least three hundred
and sixty-five (365) days advanced written notice of such intent to terminate.
21. TIME OF TERMINATION. Whenever practical, substitution of potable water or termination
on the part of either party (including based upon annexation or incorporation pursuant to the last
sentence in Paragraph 19, above) shall not occur before one hundred eighty (180) days after the
terminating party has notified the other party in writing, except in the instance where PMCDD is,
or reasonably appears to be, irresponsibly or illegally disposing of or using the IQ water.
22. ACCESS. The District shall the right, but not the duty, to enter upon the Property of the
PMCDD to review and inspect the practices of PMCDD with respect to conditions agreed herein
and/or to maintain, repair, replace, relocate or otherwise deal with the IQ Facilities. Such entry
shall also be for the purpose of review of the operation of the IQ Facilities for inspection of
6
~
16k
OR: 4353 PG: 2556 I ~
distribution mains and appurtenances, and tor sampling at any monitoring well located on the
property of the PMCDD. PMCDD may have a representative accompany the District's
personnel.
23. INDEMMIFICATION. PMCDD acknowledges that the IQ water, due to its chemical
composition, may not be compatible tor irrigation on certain susceptible vegetation. To the
extent authorized by law, PMCDD agrees that District shall not be liable for damages that may
occur to vegetation or for any other damages that may occur due to the use or acceptance of the
IQ water that meets the quality standards specified in Paragraph 4.
24. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is solely for the
benefit of the tonnal parties hereto, and their successors in interest, and no right or cause of
action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party
hereto.
25. SEVERABILITY. If any court finds any part of this Agreement invalid or unenforceable,
such invalidity or unenforceability shall not atfect the other parts of this Agreement if the rights
and obligations of the parties contained therein are not materially prejudiced and if the intentions
of the parties can continue to be affected. To that end, this Agreement is declared severable.
26. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either
granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of
land use zoning approvals, pennissions, variances, special exceptions or any other rights with
respect to the real property in the approved uses area.
27. APPLICABLE LAW. This Agreement and the prOYlSIOnS contained herein shall be
construed. controlled and interpreted according to the laws of the State of Florida, all then
applicable provisions of the Florida Administrative Code, and the then current Collier County
Reclaimed Water Ordinance, Collier County Water-Sewer District Irrigation Quality Water
Policy and such other governmental regulations as from time to time become effective, or their
successors in function.
28. RECORDATION. This Agreement shall be recorded in the Public Records of Collier
County, Florida at the expense ofPMCDD.
29. ASSIGNMENT. Assignment or transfer of the PMCDD's rights or obligations under this
Agreement is prohibited without prior written consent of the District. Any attempt by PMCDD to
assign or otherwise transter this Agreement from off of the Property shall be null and void (void
ab initio).
30. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and
assigns.
31. ENTIRE AGREEMENT. This Agreement terminates any previous agreements between the
DISTRICT and the PMCDD. This Agreement coincides and becomes effective upon signature
and conveyance of the pump station and storage pond located at 1505 Pelican Marsh Blvd., from
7
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i ~/(
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OR: 4353 PG: 2557 Jr
PMCDD to the District. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter referenced herein. Any amendment hereto shall be in writing
duly executed by the parties hereto, or their successors in interest to the Property. Each amending
agreement shall clearly and specifically refer to this Agreement by title and date. E.g., "First
Amendment to that Agreement tor Delivery and Reuse of Irrigation Quality Water, which
commenced on the day of , 200_, between the Collier County
Water-Sewer District and Pelican Marsh Community Development District.
IN WITNESS WHEREOF, the parties have subscribed their hands and seals for the day and
year first above mentioned.
~i,
ure)
LIJu/d /}.
(Printed Name)
PELICAN MARSH
DEVELOPMENT DISTRICT
COMMUNITY
vvt~
Gordon M.Brown, Chainnan
By:
Approval as to fonn and legal
sufficiency:
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~()-~~-~
J fer A. Bel '0
Assistant County Attorney
()6- WTR-00022/66I
16/(
OR: 4353 PG: 2558 Jr
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AS EX-OFFICIO THE "GOVERNING
BOARD OF THE COLLIER COUNTYW A TER - SEWER
DISTRICJ .'
By:~h
Tom Herming, Chairman
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17 A ~"~'I
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc,)
***********************************************************************************************
Originating Dept/ Div: CommDev.Serv./Planning
Person: Susan Istenes
Date:
Petition No. (If none, give brief description): Cocohatchee Bay PUD
Petitioner: (Name & Address): CDES, 2800 N, Horseshoe Drive, Naples, FL 34104
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
April 22. 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): Recommendation that the Board of
County Commissioners consider approving a Settlement Agreement and Release with Lodge Abbott
Associates, LLC (owner of the Cocohatchee Bay Planned Unit Development) to settle alleged claims,
including an alleged Bert Harris Act claim purportedly arising from denial of an amendment to the
Cocohatchee Bay PUD to modify the Bald Eagle Management Plan, and Lodge Abbott Associates,
LLC v. Collier County, Case No. 05-967-CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida, as well as amended Cocohatchee Bay PUD Document with attached Bald
Eagle Management Plan.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
costs:
113-138312-649110
No If Yes, what account should be charged for advertising
Reviewed by:
Approved by:
Date
County Manager
Date
Department Head
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head
approval before submitting to County Manager. Note: If legal document is involved, be sure that any
necessary legal review, or request for same, is submitted to County Attorney before submitting to County
Manager. The Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
A. 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: r~rtJ <J Date of Public hearing: 4IZ~~ Date Advertised: ~/ 6/ () 8
17.A
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.)
**..**********.**...***********************************.*************....**.**~.l:***~.*~~~~t1
OriginatingDeptlDiv: Comm.Dev.Serv,/Planning Person: SusanIstenes Date: 3{8J{/)8 OFfUL
Petition No. (If none, give brief description): Cocohatchee Bay PUD
Petitioner: (Name & Address): CDBS, 2800 N. Horseshoe Drive, Naples, FL 34104
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCe
Requested Hearing date:
BZA
Other
Antil 22. 2008
Based on advertisement appearing t 5 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): Recommendation that the Board of
County Commissioners consider approving a Settlement Agreement and Release with Lodge Abbott
Associates, LLC (owner of the Cocohatchee Bay Planned Unit Development) to settle alleged claims,
including an alleged Bert Harris -Act claim purportedly arising from denial of an amendment to the
Cocohatchee Bay PUD to modify the ~ald Eagle Management Plan, and Lodge Abbott Associates,
LLC v. CoOle, County, Case No. OS-967-CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida, as well..s amended Cocohatchee Bay PUD Document with attached Bald
Eagle Management Plan.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
costs:
113-138312~91tO
No If Yes, what account should be charged for advertising
Reviewed by:
~\..f)'). ~ ~/~/o8
IJepartment Head Date'
Approved by:
Date
County Manager
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Bead
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
A. 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:
17 A"l~M~
March 31-, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing for Cocohatchee Bay PUD Settlement and
Release
Dear Legals:
Please advertise the above referenced petition on Sunday, April 6, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
Charge to Account: # 113-138312-649110
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, April 22, 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.
Recommendation that the Board of County Commissioners consider
approving a settlement Agreement and Release with Lodge Abbott
Associates, LLC (owner of the Cocohatchee Bay Planned Unit
Development) to settle alleged claims, including an alleged Bert
Harris Act claim purportedly arising from denial of an amendment
to the Cocohatchee Bay POD to modify the Bald Eagle Management
Plan, and Lodge Abbott Associates, LLC v. Collier County, Case
No. 05-967-CA, now pending in the Twentieth Judicial Circuit in
and for Collier County, Florida, as well as amended Cocohatchee
Bay POD Document with attached Bald Eagle Management Plan.
NOTE: All Persons wishing to speak on any agenda item must register
with the County Administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chair[ a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case[ written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore[ may need
to ensure that a verbatim record of the proceedings is made [ which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with 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.
1 7 A ~11'~ f$~,~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Page 1 of 1
17A
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Monday, March 31, 2008 1 :50 PM
To: Martha S. Vergara
Subject: RE: Cocohatchee Bay PUD Settlement and Release
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierderk.com]
Posted At: Monday, March 31, 2008 10:59 AM
Posted To: Legals - NDN
Conversation: Cocohatchee Bay PUD Settlement and Release
Subject: Cocohatchee Bay PUD Settlement and Release
Pam
Here is another ad
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
3/31/2008
Th.Th,
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples. in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
On April 6th. 2008
Affiant further says that the said Naples Daily News is a newspaper
Published at Naples, in collier county, Florida and that the said
newspaper has heretofore been continuously published in said Collier
County. Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication ofthe attached copy of
advertisement; and affiant further says that he has neither paid nor
protlJised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication m;;~ sa:::Ir.
( Signature of affiant)
Sworn to and subscribed before me
This (,Ih, Day Of April 2008
(s;gnaa~
/
!:~~
FEI 59-2578327
tJANm' EVANS
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17.~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPAN. YAL.. LO....RI.G.I. NAL. .........D... 0.. ..CUMENT.SSEN. T. TO
THE JlOAlID OF COUNTYCOlY.IlVIISSIONERS ()FFICEFOR SIGNATURE
Print on pink paper. Attach to originaldocurnent. Original documents$hduld be handdeliyeredto the Board Office. The completed routing slip and original
documents are to be forwarded to the Boardpffice only after the Board has taken actionon the item.)
ROUTING SLIP
j ~,
JAK
Complete routing lines #1 through #4 liS appropriatefor additional sign~tutes, dates, and!orinformationneeded. If the document is already complete with the
exc tionof the Chairman's signature, draw a line through routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
List in routing order)
1.
Settlement Agreewent and Release
2.
6/9/08
(The primary contact is the holder of the original document pendingBCC approval. Normally the primary contact is the person who created!preparedthe .executive
summary. Primary contact information is needed in the event one of the addressees above,inc1uding Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCCChitirman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item. )"
Name of Primary Staff Jeffrey A, Klatzkow, County Attorney
Contact
Agenda Date Item was April; 22, 2008
A proved by the BCC
Type of Document
Attached
3:
4. Jeffrey A.Klatzkow, Gounty Atty.
County Attorney
252-2614
17cA
One
Yes
(Initial)
JAK
JAK
JAK
JAK
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9:03.04, Revised 1.26.05, Revised 224.05
05-967-CA/437
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Number of Original
Documents Attached
1.
INSTRUCTIONS &CHECKLIST
Initial th~ Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ropriate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
sign~d by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signaturepagt':sfromordinances,
resolutions, etc. signed by the County Attorney's Office an~ 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 Offici~ls.) .
All handwritten strike-through and revisions have been initialed pythe County Attorney's
Office and all other arties except the BCe Chairman and the Clerk to the. Board
The Chairman's signature line date has beenenteredas the dateofj3CC approval of the
document or the final negotiated contract date whichever is applicable. ,.
"Sign here" tabs are placed on the appropriatepage~ indicating where the Chairman's
signature and initials are re uired. .
Inmost cases (some contracts are an exception), the original document and this routing slip
should b~provided to$lle Filson in the BCC office within 2.:j.hour~ ofBCC approval. .
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame orthe.BCC's actions are nullified. Be.awareofyour deadlines!
The document was approved by the Bee on 4/22/08 and aU changes made during the
meetingbave bef,!n incorporated in the attached document. The County Attorney's
Office has reviewed thech~n es, if a licable.
2.
3.
4.
5.
6.
N/A(Not
Applicable)
JAK
JAK
17 A
"'1')
OFFICE OF THE couNTY ATTORNE~
INTEROFFICE MEMORANDUM
TO:
Trish Morgan, Manager, Minutes and R c
FROM:
Jeffrey A. Klatzkow, County Attorney
DATE:
June 9, 2008
RE:
Cocohatchee Bay Settlement Agreement and Release
Approved by BCC on April 22,2008 - Agenda Item 17-A
Attached is the original Settlement Agreement and Release ready for attesting, recording
and filing by the Clerk. Please charge the recording fees, which we calculated to be
$826.00, to the following account:
001-100510 - 649030
Prior to filing, please forward a scanned copy of the entire, fully-executed document to my
assistant Dinny Neet (Virginianeet@colliergov.net). Dinny can be reached at 252-8066 if
there are any questions.
,
Thank you for(;(stance.
05-967-CN438
LIST OF DOCUMENTS TO BE RECORDED
1 ST PAGE NUMBER OF
DOCUMENT 8.5 X 11 = $10 TOTAL COST
ADD'L PAGES
DESCRIPTION 24 X 36 = $30
-
-
-
Cocohatchee Bay
Settlement
Agreement $ 10.00 96 826.00
-
-
-
-
-
$ 826.00
17 A
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
4176441 OR: 4368 PG: 2345
RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL
06/10/2008 at 10:46AK DWIGHT B. BROCK, CLBRK
RBC FEB
COPIES
826.00
97.00
SETTLEMENT AGREEMENT AND RELEASE
17 A
This Settlement Agreement and Release ("Agreement and Release") is made and
entered into on this ~~ day of~lt"'~
, 2008 by and between the Board of County
Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates,
LLC ("Lodge").
WITNESSETH:
WHEREAS, on or around May 10, 2005, the County denied Lodge's Planned Unit
Development ("PUD") Amendment request, a request that more specifically asked for an
amendment to the PUD' s Bald Eagle Management Plan; and
WHEREAS, the PUD in question is also sometimes referred to as the Cocohatchee
Bay PUD; and
WHEREAS, Lodge filed a petition for certiorari in the Twentieth Judicial Circuit in
and for Collier County, Florida to attack the County's decisions concerning the proposed
amendment to the PUD's Bald Eagle Management Plan, that case being styled Lodge Abbott
Associates, LLC v. Collier County, Case No. 05-967-CA; and
WHEREAS, on or around May 1, 2006, Lodge submitted a notice of claim to the
County purportedly, among other things, pursuant to the Bert J. Harris, Jr., Private Property
Rights Protection Act ("Bert Harris Act"), Section 70.001 et seq., Fla. Stat.; and
WHEREAS, in accordance with Section 70.001(4)(c) of the Bert Harris Act, the
County met at a regularly scheduled meeting on December 12, 2006 and authorized the
making of a written settlement offer to resolve any and all claims Lodge had against the
County; and
WHEREAS, this Agreement and Release protects the public interest served by the
regulations at issue.
1
2/28/08 revision
OR: 4368 PG: 2346
17 A
..~ ,.,
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
Agreement and Release, the sufficiency of which is acknowledged, and with the intent to be
legally bound, Lodge and the County mutually agree to the following:
1. The County and Lodge agree to adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas clauses" by reference into this Agreement and Release.
2. The settlement documents will consist of the original PUD Ord. No. 2000-88
(Exhibit 1), the amended PUD (Exhibit 2), the revised Bald Eagle Management Plan for the
amended PUD (attached as Exhibit "B" to the amended PUD), a phasing diagram entitled
"Cocohatchee Bay Golf Course Exhibit" (Exhibit 3), and a Pathway Depiction (Exhibit 4).
This Agreement and Release expressly states the acceptable deviations in development
standards from the original PUD. Absent an express term in this Agreement and Release, the
original PUD will control.
3. The settlement shall be contingent upon three site development plans
("SDPs") that Lodge has submitted being approved by the County, in accordance with the
rules and regulations of the County as well as the development standards set forth in the
original PUD and as may be varied by the express terms of this Agreement and Release.
These three SDPs are identified as AR5282, AR5283 and AR5284.
4. The County will expedite the review of these three SDPs and all future
building permit applications submitted by Lodge. The existing environmental impact
statement ("EIS") does not need to be amended unless the SDPs are revised to increase
wetland impact beyond the impact currently permitted by the South Florida Water
Management District and the U.S. Army Corps of Engineers by more than five (5%) percent.
5. Lodge agrees to contribute $3 million to the County for affordable workforce
housing. Payment shall be made at the rate of $600,000 for each of five (5) residential
2
2/28/08 revision
OR: 4368 PG: 2347
17 A
1 !
condominium buildings to be built by Lodge at the time each building permit is issued. This
payment shall be a credit against any affordable workforce housing fee adopted by the
County. If no fee is adopted or if the fee is less than the payment set forth, the County shall
retain the excess payment.
6. Within fifteen (15) days of the Effective Date of this Settlement Agreement,
Lodge shall contribute the sum of $3 million to the County to fund Vanderbilt Drive corridor
improvements and bridge enhancements. No impact fee credits shall be given for payment of
this sum. Lodge recognizes that the County may request additional contributions up to the
proposed road impact fees due for 590 dwelling units to assist the County in funding the
construction of the Vanderbilt Drive Bridge enhancements. No such additional contributions
shall be required, however, until the County provides evidence that all parties have spent
$5,500,000.00 on the Vanderbilt Drive Bridge enhancements. Any such sums paid over the
initial $3 million shall receive road impact fee credits. Nothing in this Agreement and
Release, however, is intended to nor shall it restrict in any way the County's ability under
applicable laws, ordinances or rules to require fifty percent (50%) of all transportation impact
fees upon approval of the SDPs. These funds shall be refunded to Lodge should Lodge be
permanently prevented from commencing construction based upon actions by any
governmental entity or any third party. County shall be entitled to retain these funds without
any need for reimbursement upon the earlier of (1) Lodge's commencement of construction
of the first tower, or (2) the exhaustion of time to file any third party challenge with respect
to any matter concerned by this Agreement and the attachments hereto.
7. Lodge and the County agree that the Cocohatchee Bay PUD shall be
exempted from the County's PUD sunsetting provisions within the LDC until the Effective
3
2/28/08 revision
OR: 4368 PG: 2348
17 A
~i~ '
Date of this Settlement Agreement. At that point, the five year sunsetting provisions in the
LDC shall govern. Lodge still shall be obligated to provide annual PUD monitoring reports.
8. As each residential condominium building receives the first certificate of
occupancy or temporary certificate of occupancy, Lodge shall record restrictive covenants on
one-fifth (115) of what is known as the GC Parcel, and when all five covenants are recorded,
they will restrict the use of the entire GC Parcel to two (2) residential units and the uses
described in the PUD for the golf course development area. The phasing diagram of this
requirement is attached as Exhibit 3. These restrictive covenants shall each provide that if
the golf course development area or golf course use is ever discontinued or abandoned for
any reason, then all of the GC Parcel including without limitation the entire golf course
development area, except for those portions allowed for the two (2) residential units, shall
remain forever as green open space and be limited in perpetuity to the uses expressly allowed
in .Paragraph 5.3 of the amended PUD Preserve Parcel. Any revisions to these restrictive
covenants will require a supermajority vote ofthe Board of County Commissioners.
9. To fully satisfy its obligations to construct sidewalks along adjacent off-site
public roads, Lodge shall construct a pathway ten (10) feet in width on the western side of
Vanderbilt Drive (consistent with the Comprehensive Pathways Plan adopted by the County
in 2006) in lieu of building a sidewalk on Wiggins Pass Road and a sidewalk on the east side
of Vanderbilt Drive. The pathway is depicted in Exhibit 4. This construction of the pathway
shall be accomplished by Lodge with Lodge's funds and shall be completed upon the
issuance of the first certificate of occupancy or temporary certificate of occupancy for the
first residential condominium building within the Cocohatchee Bay PUD Project.
10. Building Five as shown on the revised Bald Eagle Management Plan attached
as Exhibit B to the amended PUD shall be increased from fifteen (15) stories to seventeen
4
2/28/08 revision
OR: 4368 PG: 2349
17 A
(17) stories, but shall not exceed 175 feet in :l3uildingHeight, as defined in Paragraph 3.5
entitled "Amended Cocohatchee Bay Community Development Standards" of the amended
PUD, and Footnote 2 thereto.
11. The maximum number of dwelling units to be constructed by Lodge shall not
exceed 590 units. Of these, a maximum of 590 units may be multi-family and constructed on
the R Parcel. However, two (2) units of the 590 may be single family units to be built on the
GC Parcel. The development standards for the single-family dwelling units on the GC Parcel
shall be as set forth in Section 4.4 in the amended PUD, attached hereto as Exhibit 2.
12. What has been referred to as the R-l and R-2 Parcels shall be replaced by a
single R parcel as set forth in the revised PUD Master Plan, attached to the amended PUD.
The development standards for the R Parcel are as set forth in Table II of Paragraph 3.5 of
the amended PUD (except as may be expressly modified by the Agreement and Release).
13. If there are additional changes to the Bald Eagle Management Plan required
by federal or state agencies, no further County PUD>amendment process shall be required.
The County acknowledges that the Amended Bald Eagle Management Plan is in compliance
with the County regulations. Lodge shall be exempt from any County regulations that may
be adopted in the future applicable to the Bald Eagle and the County shall defer to the state
and federal regulatory permitting process relating to the Bald Eagle Management Plan and
issues related thereto. Lodge, however, shall be required to notify the County of any such
changes required by state or federal agencies, which will then require an administrative
change by the County to any of the previously approved SDPs under review or that have
been approved by the County. Any change to the construction sequencing shall be
considered an insubstantial change to the SDP.
14. The Cocohatchee Bay PUD is hereby amended as set forth in Exhibit 2.
5
2/28/08 revision
OR: 4368 PG: 2350
17 A
~.~ ~'
15. Lodge shall and hereby does without limitation release, waive and forever
discharge the County, its present and former elected or appointed officials and employees,
insurers, sureties, agents, attorneys, and representatives of any and all claims, causes of
action, costs, expenses, attorneys' fees, or charges of any kind that Lodge has or may have
that arise from, or reference, relate or refer in any way, whether directly or indirectly, to the
Cocohatchee Bay Project, PUD Ord. No. 2000-88, the related Bald Eagle Management Plan
or any amendment or proposed amendment to the PUD Ord. No. 2000-88 or the Bald Eagle
Management Plan through the date this Agreement and Release are approved and authorized
by the Board for the Chairman's signature including without limitation all Bert Harris Act
claims and the claim asserted in Case No. 05-967-CA. This release shall be immediately
effective upon the County's approval of the 3 SDPs in accordance with the terms and
conditions.set forth in paragraph 3 of this Agreement and Release.
16. In the event of a third party challenge to this Agreement and Release, the
County and Lodge agree to work cooperatively to defend this Agreement and Release. In
this regard, the County and Lodge shall each seek to become parties to any such challenge
proceeding if one or the other of them is not named as a party in the first instance. The
County and Lodge shall each bear their own costs and attorney's fees in any such proceeding.
17. If any third party challenge to this Agreement and Release should ever be
successful, after exhaustion of all appeals or other requests for review or reconsideration or
federal permit conditions prevent Lodge from being able to develop the project consistent
with the amended PUD Master Plan then the County agrees to return all money provided by
Lodge under this Agreement and Release upon sixty (60) days written notice from Lodge and
to allow Lodge to retain the Bald Eagle Management Plan as permitted by this Agreement
and Release to the extent allowed by law. In addition, if Lodge is ultimately unable to obtain
6
2/28/08 revision
OR: 4368 PG: 2351
17iA
required federal permits for the SDPs as referenced in this document and is therefore unable
to build this project (exclusive of any federal permits or approvals for docks), Lodge likewise
will be entitled to a refund of all money provided under this Agreement and Release within
sixty (60) days of written notice from Lodge and Lodge shall retain the Bald Eagle
Management Plan as permitted by this Agreement and Release to the extent allowed by law.
18. Nothing in this Agreement and Release or the settlement documents shall be
construed or interpreted to confer any right to docks or any particular number of docks.
19. The Agreement and Release shall be binding upon Lodge's and the County's
predecessors, successors, assigns, officers, present and former employees, owners, present
and former elected or appointed officials, insurers, principals and representatives, who shall
work together in good faith to accomplish the intent of this Agreement and Release.
20. This Agreement and Release shall be governed by the laws of the State of
Florida.
21. 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. This Agreement and Release supersedes all prior discussions
and representations and contains all agreements of the parties.
22. The County and Lodge acknowledge that this Agreement and Release is the
product of mutual negotiation and no doubtful or ambiguous provision that my exist in this
Agreement and Release is to be construed against any party either based upon a claim that
the party drafted the ambiguous language or that the language in question was intended to
favor one party or the other.
7
2/28/08 revision
OR: 4368 PG: 2352
17 A
23. The Effective Date of this Agreement and Release shall be the date upon
which the Chairman of the Board of County Commissioners of Collier County, Florida,
executes this document.
24. The County and Lodge acknowledge and assume the risk that additional,
different or contrary facts to the facts which they believe exist may now exist or may be
discovered after this Agreement and Release has been entered into, and they agree that any
such additional, different or contrary facts shall in no way limit, waive, affect or alter this
Agreement and Release. The County affirmatively states that it is not aware of any facts that
would prohibit the construction of the project as authorized by the PUD and this Agreement
and Release or the enforceability of this Agreement and Release. Lodge affirmatively states
that it is not aware of any facts that would prohibit the construction of the project as
authorized by the PUD and this Agreement and Release or the enforceability of this
Agreement and Release.
25. In the event of a breach of this Agreement and Release, either party to this
Agreement and Release may enforce its terms in the Twentieth Judicial Circuit in and for
Collier County, Florida. In this respect, the County and Lodge shall request that the Court in
Case No. 05-967-CA approve this Agreement and Release as part of a stipulated judgment
and retain jurisdiction to enforce this Agreement and Release's terms and award any other
ancillary relief for the breach should such be necessary.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
REMAINING SIGNATURE PAGE TO FOLLOW
8
2/28/08 revision
. -,\
, i,,:/::",,::\:'-;,:',;,_,.
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Printed Name
2/28/08 revision
OR: 4368 PG: 2353
17 A
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, F ORillA
By:
o
LODG~~LLC
BY: ~A~11 Lli~lJ-l
ITS: M,AJiA. Uf:rrr:
9
OR: 4368 PG: 2354
17 A
ORDINANCE NO. 2000- ~_..
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS
MAPS NUMBERED 8508S, 8516N, 8517N, a520N, AND 85208; BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM RSF-3 (3), A (ST), RMF-6
(ST) (3), RMF-6 (3), RMF-12 (5T) (3), RMF-12 (3), RSF-3 (ST) (3),
RSF-4 (3), and RSF-4, TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A
MAXIMUM OF 590 RESIDENTIAL DWELLING uNITS AND
RECREATIONAL FACILITIES INCLUDING A GOLF COURSE
, .{\NO CLUBHOUSE LOCATED ON THE NORTHWEST CORNER
,OF WIGGINS PASS ROAD (C.R. 888) AND V ANDERBILT'DRlVE
(C.R. 901) IN SECTIONS 8, 16, 17, AND 20, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 532:tACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Karen Bishop of PMS, Inc. of Naples, representing 'Vanderbilt Partners II,
LDT., petitioned the Board of County Commissioners to change thezoiiing claSsifi<;ation of the
herein described real property. .
. ......
NOW, THEREFORE BE IT ORDAINED by the Board of'County Co~ii>si~ Of~
Collier County, Florida, thai:
SECTION ONE:
~:.:"<
'-'
The zoning classification of the herein described real prop~ located in Sections 8, 16,
.11 and, 20, Township 48 South, Range 25 East, Collier County, Florida, 'is changed from RSF-3
~ .- .
~3), A (S~), ~-6 {~T} (3),RMF-6 (3), RMF-12 (ST) (3), RMF~12 (3)~.~SF":3(ST) (3), RSF-4
(3), and RSF-4, .to "PUD" Planned Unit Development in accordance with the Cocohatchee Bay
PUDDocument, attached hereto as Exhibit "A" and incorporated by reference herein. The
Official Zoning Atlas Maps numbered 85088, 8516N, 8517N, 8520N, and 85208, as described in
Otdinance Number 91-102, the Collier County Land Development Code, are hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
. -J..-
ExhibIt 1 to Settlement Agreement and Release
OR: 4368 PG: 2355
17 A
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ..LiIit:i.tday of ~~/..M...J , 2000.
Attest as to Chairlllatl'S
sl9RatUl"e on1i'.
Approved as to Form
and Legal Sufficiency
gIo4mia/PUQ..99-2Il/R1oilim
~e
JAMES D. CARTER, PhD., CHAIRMAN
This ordinance filed with the
Se<:retory of ~ Office the
tJ%tday of , ~
-2-
OR: 4368 PG: 2356
17A
COCOHATCHEEBAY
A
PLANNED UNIT DEVELOPMENT
REGULA nONS AND SUPPORTING MASTER PLAN
GOVERNING COCOHATCHEE BAY A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
VANDHRBILTPARTNERS II, LID
PREPARED BY:
PMS, INC. OF NAPLES
2335 T AMIAMI TRAil.. NORTH
SUITE 408
NAPLES, FL. 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
12."~
.z~J'f
12i14100
EXHIBIT "An
OR: 4368 PG: 2357
17 A
INDEX PAGE
List of Exhibits and Tables II
Statement of Compliance ill
SECTION I Property Ownership, Legal
Description and Short Title 1.1
SECTION II Project Development 2.1
SECTION m Residential Development Areas 3.1
SECfION IV Golf Course I Open Space 4.1
SECTION V Preserve District 5.1
SECfION VI General Development Commitments 6.1
I
OR: 4368 PG: 2358
17
LIST OF EXHtBiTS Al':!{D TABLES
EXIDBIT"A"
Planned Unit Development Master Plan
EXIDBIT "B"
PUD Master Plan with Eagle Zone Overlay and
Bald Eagle Management Plan
TABLE I
Land Use Summary
TABLE II
Development Standards
n
OR: 4368 PG: 2359
17 A
fl. If.'
STATEMENT OF COMPLIANCE
The development of approximately 532.09 :!: acres of property in Collier County as a Planned Unit
Development (PUD) to be known as Cocohatchee Bay pun will be in compliance with the goals.
objectives and policies of Collier County as set forth in the Collier County Growth Management Plan.
Cocohatchee Bay is a mixed use residential golf course community and will be consistent with the
applicable elements of the Collier County Growth Management Plan for the following reasons:
1. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project
are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public
facilities to the extent of its impact on those facilities via payment of impact fees.
2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and
planned land uses in the vicinity. Project lands lie in a transition area which includes low-rise
residential development and high-rise multi-family development.
3. The subject property's location in relation to existing or proposed community facilities and
services permits the Development's residential density as described in Objective 2 of the Future
Land Use Element.
4. The project Development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
5. The property was down-zoned during the Zoning Re-evaluation Process which resulted in an
action establishing several zoning districts and densities:
Parcel 1 - 11.19 acres RSF-3st
Parcel 5 - 161.63 acres RSF-4
Parcel 6 - 13.15 acres RSF-4(3)
Parcel 7 - 69.61 acres RSF-3st(3)
RSF-3(3)
RMF-6(3)
RMF-6st(3)
RMF-12(3)
RMF-12st(3)
RMF-12st(3) ...
RMF-12st(3) ...
RMF-6st(3)
=-
33.57 units
646.52 units
39.45 units
208.83 units
-
ParcelS
194.60 acres
'..-
583.80 units
Parcel 9
Parcel 10
1.26 acres
80.65 acres
3.78 units
241.95 units
TOTAL
532.09 acres
1757.90 or 1758 units
The PUD will utilize a total of 590 units on 532.09 ::f: acres for a gross density of 1.11 dwellings
per acre. This action makes the land use and density consistent with the Future Land Use
Element of the Growth Management Plan.
m
OR: 4368 PG: 2360
17 A
6. Improvements are planned to be In c6mtHiance with applicable sections of the Collier County
Land Development Code as set forth in Objective 3 of the Future Land Use Element.
7. The project Development will result in an efficient and economical allocation of community
facilities and services as required in Policies 3.I.H and 3.1.L of the Future Land Use Element.
8. The project Development is planned to protect the functioning of natural drainage features and
natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage
Sub-Element of the Public Facilities Element.
9. All finallocal development orders for this Project are subject to Division 3.15, Adequate Public
Facilities. of the Collier County Land Development Code (LOC).
IV
OR: 4368 PG: 2361
SECTION I
17 A
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property. and to
describe the existing conditions of the property proposed to be developed under the project name
of COCOHATCHEE BAY.
1.2 LEGAL DESCRIPTION
PAR~EL 1
THE SOUTHERLY S48 FEET OF A TRACf OF LAND LYING IN SECTION 8. TOWNSffiP
48 SOUTH. RANGE 25 EAST. COLLIER COUNTY, FLORIDA. SAID TRACf BEING
DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT
4, SAID SECfION 8, RUN S.88024'40''W. (SHOWN IN ERROR AS S.880:26'40''W. IN O.R.
BOOK 68. PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167. PAGE
692; O.R. BOOK 218. PAGE 484; HERElNA.FI'ER CITED AS OFFICIAL RECORDS),
ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY
PROLONGATION OF SAID SOUTH LINE. FOR 776.71 FEET. TO AN INTERSECTION
WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439
THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 161. PAGE 692 AND O.R.
BOOK 218, PAGE 484 INDICATE THAT TIlE AGREED BOUNDARY LINE IS FOUND IN
O.R. BOOK 68, PAGE 235. THE BEARINGS AND DISTANCE ARE IN EFFECf THOSE
RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87. PAGES 439
THROUGH 441). OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA;
THENCE RUN N.29011 '40''W.. ALONG SAID BOUNDARY UNE.FOR 300 FEET; THENCE
RUN N.3000'OO''W., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET
(SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN
N.67030'OO"W. ALONG SAID AGREED BOUNDARY LINE. FOR 1397.99 FEET (SHOWN
IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN
N.22031 'OO''W.. (SHOWN IN ERROR AS N.22030'OO"W. IN THE OFFICIAL RECORDS).
ALONG SAID AGREED BOUNDARY LINE. FOR 944.72 FEET; THENCE RUN NORTH.
ALONG SAID AGREED BOUNDARY LINE. FOR 99.92 FEET. TO AN INTERSECTION
WITH THE WESTERLY PROLONGATION OF TIlE NORTH LINE OF GOVERNMENT
LOT 3. SAID SECfION 8; THENCE RUN N.oo08153"E. (SHOWN IN ERROR AS NORTH IN
THE OFFICIAL RECORDS). FOR 429.82 FEET; THENCE S.59000'OQIIE.. FOR 815.68 FEET.
TO AN INTERSECfION WITH SAID WESTERLY PROLONGATION OF THE NORTH
LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89012'20ftE.. ALONG SAID
WESTERLY PROLONGATION AND ALONG TIlE NORTIl LINE OF SAID
GOVERNMENT LOT 3. FOR 1901.82 FEET. TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3. THENCE RUN S'(lOD23'IO"E.. ALONG TIlE EAST LINE OF SAID
GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4. FOR 2744.30 FEET. TO THE
POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR
RELICfION. AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY
SUBMERGENCE OR EROSION.
1.1
OR: 4368 PG: 2362
17
P4RCELS . .... .. '. .
THE NORTHWEST 1/4 OF SECfION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COWER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR
STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B (ALSO
KNOWN AS WlGGINS PASS ROAD).
PARCEL 6
THAT PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY
DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH
1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST.
COLLIER COUNTY. FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S.
HIGHWAY 41 (ALSO KNOWN AS T AMIAMI TRAIL).
PARCEL 7
THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION. 17, TOWNSHIP 48 SOUTH,
RANGE 25 EAST. COLUER COUNTY. FLORIDA. EXCEPTING TIlEREFROM THE
SOUTHEAST 1/4 OF THE SOUTIIEAST 1/4 OF THE NORTIIEAST 1/4 AND EXCEPTING
THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE).
PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND
ACCEPT ANYLAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 8
BEGINNING AT THE SOUTHEAST CORNER OF SECfION 17. TOWNSIDP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89054120"W., ALONG THE
soum LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH
AN AGREED BOUNDARY LINE AS RECORDED IN .o.R. BOOK 68. PAGE 235
THROUGH 250 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE
RUN N.01030105''E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEET
(SHOWN IN ERROR AS 1300.00 FEET. IN O.R. BOOK 68. PAGE 235 AND O.R. BOOK 167,
PAGE 642 HEREINA.FrER CITED AS OFFICIAL RECORDS); THENCE RUN
N.30000I00"E., ALONG SAlD AGREED BOUNDARY LINE. FOR 800 FEET; TIiENCE RUN
N.05000'OOI'W.. ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE
RUN N.2901114Q"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO
AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTII LINE OF
SAID SECTION 17; mENeE RUN N.88024140"E. (SHOWN IN ERROR AS N.8802614Q"E. IN
THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO TIlE
NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0027'30"E.. ALONG THE
EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35
FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN
S.OOZ6'OO''E. (SHOWN IN ERROR AS S.OOUj'{)Q"W. IN TIlE OFFICIAL RECORDS). ALONG
THE EAST LINE OF SAID SECI10N 17. FOR 2584.65 FEET TO THE POINT OF
BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTIIEAST 114, (2)
THE NORTHEAST 114 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND
EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (V ANDERBlL T DRIVE).
AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST v..
1.2
OR: 4368 PG: 2363
17 A
OF THE SOUTIIEAST 1/4 OF SECI'ION 17, TOWNSHIP 48 SOUTH. RANGE 25 EAST.
DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF THE soumEAST 1/4 OF SECTION 17, RUN
S.89053'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN
S.89053'1811W.. FOR 186.65 FEET. TO A POINT ON BULKHEAD LINE AS SHOWN ON
PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1. PAGE 7, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.41011'03"W. FOR
133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.oo06'42"E., FOR 120
FEET, THENCE RUN N.89053'18"E.. FOR 275.72 FEET, TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF STATE ROAD S-865A (V ANDERBIL T DRIVE): TIIENCE RUN
N.O~6'OOuW., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED
THERETO BY ACCRETION OR RELrCfION. AND LESS AND ACCEPT ANY LAND
LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 9
THAT PORTION OF THE NORTIIEAST 1/4 OF THE SOUTHEAST l/40FSEGnON 17,
TOWNSHIP 48 saum, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. DESCRIBED
AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF
THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SAID SECTION 17. RUN
N.89040'5S"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4
OF THE SOUTHEAST 114 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE
AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1,
PAGE 7. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TIlENCE RUN
N.oo26'OO'W., FOR 100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN
S.8904Q'55''W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO APOlNT ON THE
WEST LINE OF THE NORTHEAST 1/4 OF THE SOUfHEAST 1/4 OF SAID SECTION 17;
THENCE RUN S.0025'41 liE., FOR 100.00 FEET. TO THE POINT OF BEGINNING. PLUS
ANY LAND ADDED THERETO BY ACCRETION OR RELICTION. AND LESS AND
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 10
BEGINNING AT 1lIE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTII,
RANGE 25 EAST. COLLIER COUNTY, FLORIDA, RUN N.89052'20''W., ALONG THE
SOUTII LINE OF SAID SECI10N 20, FOR 2053.75 FEET; TIIENCE RUN N.oooI4'OO''W.
FOR 1698.91 FEET; THENCE RUN N.54047'52"W., FOR 399.32 FEET. TO AN
INTERSECI'ION WlTII AN AGREED BOUNDARY UNE AS RECORDED IN O.R. BOOK
68. PAGES 235 TIIROUGH 250, OF THE PUBLIC RECORDS OF COLLlER COUNTY,
FLORIDA; TIlENCE RUN N.79017'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR
69.60 FEET; TIiENCE RUN N.02059130''W. ALONG SAID AGREED BOUNDARY LINE
FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235);
THENCE RUN N.27015'20''W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31
FEET; THENCE RUN N.18044'30''W., ALONG SAID AGREED BOUNDARY LINE FOR
887.03 FEET, THENCE RUN N.Os037'50"W., ALONG SAID AGREED BOUNDARY LINE
FOR 393.34 FEET, TO AN INTERSECfION WITH THE NORTH LINE OF SEcrION 20;
THENCE RUN S.89054'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE
NORTHEAST CORNER OF SAID SEcrlON 20; THENCE RUN S.02012'OO"E.. ALONG THE
1.3
OR: 4368 PG: 2364
17 A
EAST LINE OF SAID SECfION 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24
FEET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING.
PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION. AND LESS AND
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO
KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS BLUEBllL AVENUE).
AND LESS AND ACCEPT TIlE FOLLOWING DESCRIBE REAL PROPERTY:
ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ADDmON, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF TIlE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA, AND ALL OF WIGGINS PASS LANDINGS
UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, At
PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTIIEAST CORNER OF LOT 4 OF SAID WIGGINS PASS
LANDINGS UNIT NO.1 ADDITION; THENCE N.89052'20"W. ALONG THE SOUTHERLY
LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10. BLOCK I OF
SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89052'20"W., ALONG THE
SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF
1400.65 FEET TO TIlE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS
UNIT NO.1; THENCE N.ooo14'OO"W.. ALONG THE WESTERLY LINE OF SAID WIGGINS
PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; TIIENCE N.34026IIS"E., ,
ALONG SAID WESTERLY LINE. A DISTANCE OF 439.38 FEET TO A POlNT ON THE
NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE
N.8'F48'OO''E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE
NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT
NO.1; THENCE S.02012'OOIlE. A DISTANCE OF 163.77 FEET TO THE NORTHWEST
CORNER OF LOT I, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N.87048'OOIIE. A DISTANCE OF 200.00 FEET TO THE NORTIIEAST CORNER
OF SAID LOT 1; THENCE S.02012'00''8. ALONG THE EASTERLY LINE OF SAID
WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE
SOurHEAST CORNER OF LOT 1, BLOCK I OF SAID WIGGINS PASS LANDINGS UNIT
NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS
PASS LANDINGS UNIT NO.1 ADDmON; THENCE S.02012'oo"E. AWNG THE
EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDmON, A
DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 88.56
ACRES. MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1
ADDmON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10. PAGE 81 OF THE PUBLIC RECORDS OF COLLlER COUNTY, FLORIDA).
PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND
ACCEfYf ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
AND LESS AND EXCEfYf THE FOLLOWING DESCRIBED REAL PROPERTY:
1.4
OR: 4368 PG: 2365
'.> ..... . 17 A
A PORTION OF LAND LoeA TED IN THE EAST 1/2 OF SECfION 20, TOWNSHIP 48
SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 20; THENCE N.02012'OO"W.. ALONG THE EASTERLY LINE OF SAID
SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87048IOOllW.. A DISTANCE
OF 50.00 FEET TO A POINT ON niE WESTERLY RIGHT-OF-WAY LINE OF
VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST
CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO.1, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING TIlE POINT OF
BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87048'OO''W.,
A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1;
THENCE N.02012'OOIIW. A DISTANCE OF 163.77 FEET TO TIlE NORTHEAST CORNER
OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE
S.87048'00"W. ALONG TIlE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS,
UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.34026'15''W. ALONG THE
NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A
DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRAcr B,
BAKER-CARROLL POINT, ACCORDING TO TIlE PLAT TIlEREOF RECORDED IN PLAT
BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE N.54047'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL
l'pINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED
BOUNDARY LINE AS RECORDED IN OFFlCIAL RECORDS BOOK 68, AT PAGES 235
1JIROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; ~CE
N~79017'10IlE.. ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET;
THENCE N.Oso9'30''W., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF
1417.66 FEET: THENCE N.270I S'20''W., ALONG SAID AGREED BOUNDARY LINE A
DISTANCE OF 616.67 FEET; THENCE N.87048IOOIlE., A DISTANCE OF 2472.71 FEETTO
A POINT ON THE WESTERLY RIGIIT-OF-W AY LINE OF SAID VANDERBILT DRIVE;
TIlENCE S.02012'25''E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET:
THENCE S.02012'OO''E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET
TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot
Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay PUD, on the
South by the Dunes PUD and on the North by Arbor Trace pun and the Retreat PUD.
J3' The zoning classification of the project prior to approval of this PUD document was
RSF-3 (3), RSF-3ST (3). RSF-4, RSF-4 (3), RMF-12ST (3), RMF-12 (3), RMF-6 ST(3),
RMF-6(3). and A-ST.
1.5
1.5 PHYSICAL DESCRIPTION
OR: 4368 PG: 2366
17 A
A. The Project lies within South Florida Water Management District No.6. Drainage from
the property will discharge into Cocohatchee Bay
B. Water Management Facilities for the Project will be designed and constructed in order to
introduce project stonnwater runoff to wetland areas in an attempt to assist in the
restoration of historic water retention and preserve areas.
C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most
of the area, however, falls within the 10' to 11 ' foot elevation category. The site lies
within Flood Zone AE (EL II') and AE (EL 12') according to Firm Maps
J20067-01910, 01870, and 189D, dated June 3,1986.
D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress
Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil
characteristics were derived from the Soil Survey of Collier County, Florida, issued by
the U.S. Department of Agriculture. (Soil Conservation Service) in March, 1954.
1.6 PRO.TECT DESCRIPTION
The Cocobatchee Bay PUD is a residential and golf course community with a maximum of 590
dwelling units. Recreational facilities inclu4ing a golf course, clubhouse, maintenance facility,
caddie quarters, and guest suites will be.provided in conjunction with the dwelling units.
Residential and recreational . land . uses are d~signed to be harmonious with one another in a
natural setting by using common architectural themes, appropriate screening and buffering and
open space.
1.7 SHORT TITLE
This Ordinance shaH be known and cited as the "COCOHA TCHEE BAY PLANNED UNIT
DEVELOPMENT ORDINANCE."
1.6
:C-,..,:....,..:.',:,
SECTI()NII
OR: 4368 PG: 2367
17 A
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the Project plan of development,
relationships to applicable County ordinances, the respective land uses of the tracts included in
the Project, as well as other project relationships.
2.2 GENERAL
Development of Cocohatchee Bay shall be in accordance with the contents of the Planned
Unit Development document and applicable sections of the Collier County Land
Development Code and Growth Management Plan in effect at the time of issuance of any
development order, such as, but not limited to, Final Subdivision Plat, Final Site
Development Plan. Excavation Permit. and Preliminary Work Authorization. to which
such regulations relate. Where these regulations fail to provide developmental standards,
then the provisions of the most similar district in the County Land Development Code
shall apply.
B. Unless otherwise noted, the definitions of aU tenns shall be the same as the definitions set
forth in the Collier County Land Development Code in effect at the time of building
pennit application.
C. All conditions imposed and all graphic material presented depicting restrictions for the
development of the Cocohatchee Bay PUD shall become part of theregula.tions which
govern the manner in which the PUD site may be developed.
D. Unless modifIed, waived or excepted by this PUD, the provisions of the LOC. where
applicable, remain in full force and effect with respect to the development of the land
which comprises this pun.
E. Development permitted by the approval of this Petition will be subject to a concurrency
review under the provisions of Division 3.15, Adequate Public Facilities. of the LDC at
the earliest or next to occur of either final SOP approval, final plat approval, or building
permit issuance applicable to this Development.
2.1
OR: 4368 PG: 2368
17 A
h~' .~
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan, including land uses for the various tracts. is illustrated by
Exhibit "A:' the pun Master Plan. The nature and extent of land uses within the Project
are indicated on Table 1. The specific location and size of individual ttacts and the
assignment of dwelling units thereto shall be detennined at the time of detailed site
development planning or platting.
B. The final size of the recreation and open space lands will depend on the actual
requirements for water management facilities, golf course layout, roadway pattern, and
dwelling unit size and configuration.
COCOHATCHEE BAY
LAND USE SUMMARY
TABLE I
!JSE
Residential "R I"
44.00 +/-
Residential "R2"
90
9.70 +/-
Golf Course "Ge"
20
170.39 +/-
~n~~e WA
(Preserve, Lakes and Landscape Buffers)
Total 590
308.00 +/-
Total 532.09 +/- acres
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, andlor Condominium Plat for all or part of the
PUD, final plans for all required improvements shall receive approval of the appropriate
Collier County governmental agency to ensure compliance with the PUD Master Plan, the
Collier County Subdivision Code, and the platting laws of the State of Florida.
B. Exhibit "A," the PUD Master Plan. constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a preliminary subdivision plat. if
applicable, shall be submitted for the entire area covered by the pun Master Plan. Any
division of property and the development of the land shall be in compliance with Division
3.2 of the Collier County Land Development Code, and the platting laws of the State of
Florida.
2.2
OR: 4368 PG: 2369
17 ~
H
C. The provisions of Division 3.3 ofthe C6lli~r County Land Development Code, when
applicable, shall apply to the development of all platted tracts or parcels of land as
provided in said Division prior to the issuance of a building permit or other development
order.
D. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be required to
submit and receive approval of a Preliminary Subdivision Plat in conformance with the
requirements of Division 3.2 of the Collier County Land Development Code prior to the
submittal of construction plans and a final plat for any portion of the tract or parcel.
E. Utility, road, public and private easements shall be established as required during the SDP
and/or plat approval process.
F. Appropriate instruments will be provided at the time of infrastructure improvements
regarding dedications and the method for providing perpetual maintenance of the
common facilities.
2.5 MODEL HOMES I SALES OFFICES
Model homes. sales centers and other uses and structures related to the promotion and sale of real
estate such as, but not limited to, pavilions. viewing platforms, gazebos, parking areas, tents, and
signs, shall be permitted principal uses throughout the Cocohatchee Bay PUD, subject to the
requirements of Section 2.6.33.4. of the Collier County Land Development Code and all other
applicable sections. Sales facilities will be permitted prior to final plat approval as provided in
said Section 2.6:33.4.
2.6 AMENDMENTS TO pun DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development
Code, Section 2.7.3.5.
2.7 ASSOCIATION OF PR.OPERTY OWNERS FOR COMMON AREA MAINTENANCE
Common area maintenance will be provided by the Master Property Owners' Association. The
Association is a legitimate alternative for the timely and sustained provision of quality common
area infrastructure and maintenance under the terms and conditions of County development
approval. For those areas not maintained by the Master Association, the Developer has created a
property owners' association(s). or condominium association(s), whose functions shall include
provision for the perpetual maintenance of common facilities and open spaces. The Master or
the property owners' association. as applicable, shall be responsible for the operation,
maintenance, and management of the surface water and stormwater management systems, and
reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the
Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South
Florida Water Management District.
2.3
OR: 4368 PG: 2370
17 A ,.1
2.8 DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage ingenuity,
innovation and imagination in the planning, design and development of relatively large tracts of
land under unified ownership or control, as set forth in the Collier County Land Development
Code, Section 2.2.20.2.3.
The Applicant has not set "stages" for the development of the property. Since the property is to
be developed over an estimated ten (10) year time period, any projection of project development
can be no more that an estimate based on current marketing knowledge. The estimate may, of
course, change depending upon future economic factors.
2.9 GENERAL PERMITTED USES
Certain uses shall be considered generalpennitted uses throughout the Cocohatchee Bay
Community PUD except in the Preserve District. General pennitted uses are those uses which
generally serve the Developer and residents of the Cocohatchee Bay pun and are typically part
of the common infrastructure or are considered community facilities.
A. General Pennitted Uses:
1. Essential services as set forth under the Collier County Land Development Code,
Section 2.6.9.1.
2. Water management faciIitiesand related structures.
3. Temporary sewage treatment facilities.
Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
S. Guardhouses, gatehouses, and access control structures.
6. Community and neighborhood parks, recreational facilities. community centers.
7. Temporary construction, sales, and administrative offices for the Developer and
the Developer's authorized contractors and consultants, including necessary
access ways. parking areas and related uses.
8. Landscape features including, but not limited to. landscape buffers, berms, fences
and walls which shall be in accordance with the Collier County Land
Development Code in effect at the time pennits are requested unless otherwise
specified herein.
9. Any other use which is comparable in nature with the foregoing uses and which
the Planning Services Department Director determines to be compatible.
2.4
OR: 4368 PG: 2371
17 A
p~ ~,
B. Development Standards:
Unless otherwise set forth in this document, the following development standards shall
apply to structures:
1. Setback from back of curb or edge of pavement of any road - Fjfteen feet (15')
except for guardhouses, gatehouses, and access control structures which shall
have no required setback.
2. Setback from exterior property lines - One half (112) the height of the structure,
minimum of twenty feet (20').
3. Minimum distance between structures which are part of an architecturally unified
grouping - Five feet (5 ').
, 4. 'Minimum distance between unrelated structures - Ten feet (10').
5. Minimum floor area - None required.
6. Minimum lot or parcel area - Nonereqtiired.
7. Sidewalks, bikepaths, and cartpaths may be placed within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bikepath, or
cartpath.
8. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein, are to be in accordance with the Collier County
Land Development Code in effect at the time of Site Development Plan Approval.
2.10 OPEN SPACFS REQUIREMENTS
The PUD Master Plan identifies approximately 483 acres included in the Recreation. Golf
Course, Landscape/Open Space, Lakes and Preserve District designations. These areas equate to
approximately 91 percent of the Project and fully satisfy the open space requirements of Section
2.6.32 of the Collier County Land Development Code.
2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
Twenty Fjve Percent (25%) of the viable naturally functioning native vegetation on site shall be
preserved.
2.5
OR: 4368 PG: 2372
17 A ~,., \1 t',j
2.12 LANDSCAPING REQUIREMENTS
A. A perimeter berm shall be constructed in conformance with Section 2.4.4 of the Land
Development Code.
1. Trees and shrubs shall be planted along the base of the berm so as to visually
soften the appearance of the side of the berm.
2. Ground cover on the side of be berm shall form a dense attractive mat, and shall
not require mowing.
3. Trees shall be a minimum of 7S percent native species.
4. Shrubs shall be a minimum of 35 percent native species.
B. A minimum landscape area of thirty-five feet (35') shall be developed along the
Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt Drive
shall include development features that impede the view of high rise residential structures
from Vanderbilt Drive.
2.6
OR: 4368 PG: 2373
17 I. t' .'.... ~.".::*J...
t\ :~j
SECTION HI
RESIDENTIAL "R" DEVELOPMENT AREAS
3.1 PURPOSE
The purpose of this Section is to establish land use regulations and development standards for the
residential development tracts designated on Exhibit "At" the PUO Master Plan as "Rl" and
"R2" .
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted within the pun is 590. The subject property
contains a gross acreage of 532.09 +1- acres and base density of 1.11 dwelling units per gross
acre.
3.3 GENERAL DESCRIPTION
Areas designated as "Rl" and "R2" on the pun Master Plan are designed to accommodate
'high-rise residential dweUing unit types, multi-family dwellings, adult living facilities.
compatible nonresidential uses, a full range of recreational facilities, essential services, and
customary accessory uses.
The approximate acreages are indicated on the POO Master Plan. These acreages are based on
conceptual designs and are approximate. Actual acreage of all developmenllracts will be
provided at the time of Site Development Plan or Preliminary Subdivision . Plat approvals in
accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land
Development Code. Residential tracts are designed to accommodate internal roadways, open
spaces. parks and amenity areas, lakes and water management facilities, and other similar uses
found in residential areas.
3.4 USES PERMITTED
A. Principal Uses
1. Multiple"family dwellings.
2. Guest suites and cabanas.
Any other principal use which is comparable in nature with the foregoing uses and
which the Planning Services Department Director determines to be compatible in
the "R 1" and "R2" Di stricts.
3.1
OR: 4368 PG: 2374
17 A
B. Acce~sory Uses
1. Uses and structures customarily associated with principal uses permitted.
2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa,
tennis courts, swimming pools or similar recreational uses.
3. Any other accessory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director determines to be
compatible in the "R 1" and "R2" Districts.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R" Residential
Districts.
B. Standards for parking, landscaping, signs and other land uses where such standards are
not specified herein or within the Cocohatchee Bay PUD, are to be in accordance with
Collier County Land Development Code in effect at the time of Site Development Plan
approval. Unless otherwise indicated, required yards. heights, and floor area standards
apply to principal structures.
C. Off.street parking required for multi-family uses shall be accessed by parking aisles or
driveways which are separate from any roads which serve more than one development. A
green space area of not less than ten feet (10') in width as measured from pavement edge
to pavement edge shall separate any parking aisle or driveway from any abutting road.
D. In the event the Developer builds the multiple family housing placed in the area between
Tarpon Cove and Falling Waters, a minimum of 30 percent of the multiple family
housing shall be offered to employees of the golf course with purchase price or rental
rates consistent with traditionally accepted housing costs to income ratios.
3.2
OR: 4368 PG: 2375
17 A t~~ll}~ I
COCOHATCHEE BAY COMMUNITY
DEVELOPMENT STANDARDS FOR
TABLE 1
DEVELOPMENT STANDARDS "Rl" "R2"
HIGH-RISE MULTI.FAMlLY
Multl- Famny Dwellings
N/A
N/A
50
0.5 BH
0.5 BH
N/A
i5
Jlli: (BlIilding Heighl): Building heighl shall he the vertical distance measured from the first habitable finished floor elevation to the:
uppennost finished ceiling elevation of the slruclUre.
~ (Sum or Building Height): Combined height of IWO adjacenl buildings for the purposes of determining sctbadt requimnents.
All distanceS an: in feet unless otherwise noted.
*1 Front yards shalllle measured as follows:
A. If the parcel is served by a public righloOf-way, setback is measured from the adjacent right-of.way line.
B. If the parcel is served by a private road. setback is measured from the back of curb (if curbed) or edge of pavement CitnO!
curbed).
"'2 Building height for the north propeny line adjacent to Arbor Tmce in the"R I" tnIct shall be IS stories for a maximum height of
150 feel.
*3 Where buildings with a common architccturaltheme an: angled. skewed or offset from one another. and walls an: not parallel to one
another. the setbacks can be administratively reduced.
3.3
OR: 4368 PG: 2376
SECTION IV
171\
GOLF COURSE "GC" DEVELOPMENT AREAS
4.1 PURPOSE
The purpose of this Section is to set forth the uses permitted and development standards for the
Golf Course tracts. The primary function and purpose of these tracts will be to provide
aesthetically pleasing open areas, golf course and recreational facilities. Except in areas
authorized for Development. all good quality native trees and shrubs shall be protected and
preserved wherever practicable.
4.2 PERMITTED USES AND STRUCTURES
No building or structure. or part thereof, shall be erected, altered or used, or land or water used,
in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Golf courses and golf club facilities, caddie quarters, clubhouse, guest suites.
including temporary golf clubhouses.
2. Project infonnation and sales centers.
3. Community and golf course maintenance areas, maintenance buildings, essential
services, irrigation water and effluent storage tanks and ponds, water and
wastewater treatment plants, utility pumping faciltiesand pump buildings, utility
and maintenance staff offices.
4. Any other principal use which is comparable in nature with the foregoing uses and
which the Planning Services Department Director determines to be compatible.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the principal uses
permitted in this District.
2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack
bars and golf course maintenance yards.
3. Retail sales of associated recreational equipment and apparel, such as, but not
limited to, golf, tennis, and other recreational related equipment apparel and
accessories.
4, Restaurants and related uses intended to serve club members and club guests.
4.1
OR: 4368 PG: 2377
17 A
5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other
types of accessory facilities intended to provide recreational opportunities for
members.
6. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers,
picnic areas, fitness trails and shelters.
7. Any other accessory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director determines to be
compatible.
4.3 DEVELOPMENT REGULATIONS
A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course
District boundaries and private roads, and twenty-five feet (25') from all PUD
boundaries.
B. Accessory structures shall be set back a minimum of ten feet (10') from Golf Course
District boundaries and private roads, and twenty feet (20') from all PUD boundaries and
residential tracts.
C. Lighting facilities shall be ammged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
D. Maximum height of structures
1; PrincipalStrUctures . 2 stories for a maximum height of 20 feet.
2. Accessory Structures - I story for a maximum height of 15 feet.
E. Minimum distance between principal structures - Ten feet (10').
F. Parking for the community center/clubhouse shall be three spaces per every one thousand
(1,000) square feet of gross floor area, which shall be considered inclusive of the required
golf course parking, provided the golf course and recreational facilities are private.
otherwise, applicable provisions of the Land Development Code shall apply.
G. The golf course maintenance building shall be located a minimum of 1750 linear feet
west of U.S. 41.
H. Standards for parking, landscape, signs and other land uses where such standards are not
specified herein, are to be in accordance with Collier County Land Development Code in
effect at the time of Site Development Plan approval. Unless otherwise indicated,
required yards, heights, and floor area standards apply to principal structures.
4.2
OR: 4368 PG: 2378
17 A
SECTION V
PRESERVE "p't DISTRICT
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District.
5.2 GENERAL DESCRIPTION
Areas designated as PreselVe on the Master Plan are designed to accommodate a full range of
conservation and limited water management uses and functions. The primary purpose of the
Preserve District is to retain viable naturally functioning wetland and upland systems, to allow
for restoration and enhancement of impacted or degraded wetland systems, and to provide an
open space amenity for the enjoyment of Cocohatchee Bay Community residents. .
5.3 USES PERMITIED
No building or structure or part thereof. shall be erected altered or used, or land used, in whole or
in part, for other than the following:
A. Principal Uses
1. Passive parks, passive recreational areas, boardwalks.
2. Biking, hiking, and nature trails.
3. Golf cart paths are pennitted in the preserve areas outside the limits of the bald
eagle primary zone.
4. Wildlife sanctuary.
5. Pathways and or bridges.
6. Recreational shelters. in PreselVe upland areas.
7. Drainage and water management facilities as may be required by SFWMD.
8. Any other accessory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director determines to be
,compatible.
5.1
--"._'."".r'.C'-'~.~.<'" c
OR: 4368 PG: 2379
17 A
" .~ j, ,.;1
5.4 DEVELOPMENT STANDARDS
A. Setback requirements for all structures shan be in accordance with Section 3.2.8.4.7.3. of
the Collier County Land Development Code, as amended. Any lot abutting a
protected/preserve area shall have a minimum 25 foot setback from the boundary of such
protected/preserve area in which no principal structure may be constructed. Further the
plat shall require that no alteration, including accessory structures. fill placement,
grading, plant alteration or removal, or similar activity shall be permitted within such
setback without the prior written consent of the Development Services Director. In no
event shall these activities be permitted within ten feet of the preserve boundary.
B. Maximum height of structures - Twenty-five feet (25').
C. Minimum distance between principal structures - Ten feet (l0').
D. Minimum distance between accessory structures - Five feet (5').
E. Standards for parking, landscaping, signs and other land uses where such standards are
not specified herein are to be in accordance with the Collier County Land Development
Code in effect at the time of Site Development Plan approval. Unless otherwise
indicated, required yards, heights, and floor area standards apply to principal structures.
s.s PRESERVE DISTRICT CONSERV ATJON EASEMENT
A non-exclusive conservation ~l:lSCment or tract is required by Comer County Land Development
Code, Section 3.2.8.4.7.3. for lands included in the Preserve District. In addition to Collier
County. a non-exclusive conservation easement may also be required by other regulatory
agencies with jurisdiction over Preserve District lands. In addition to complying with provisions
of the Collier County Land Development Code, said easement shall be provided in accordance
with the terms set forth in any applicable permit granted by other agencies. The Developer. its
successor(s) or assigns. including the Master Property Owners' Association shall be responsible
for control and maintenance of lands within the Preserve DistricL
5.2
SECTION VI
OR: 4368 PG: 2380
17 A
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development of
the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans, final
subdivision plats. and aU applicable State and local laws, codes, and regulations applicable to this
PUD. Except where specifically noted or stated otherwise, the standards and specifications of
the Land Development Code. Division 3.2 shan apply to this Project even if the land within the
PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the
commitments outlined in this document.
The Developer. his successor or assignee, shall follow the Master Plan and the regulations of the
PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning
of the property. In addition, any succesllor or assignee in title, is bound by the commitments
within this agreement.
6.3 PUQ MASTER PLAN
A.. Exhibit "A:' the PUD Master Plan. illustrates the proposed development ~d is
conceptual in nature. Proposed tract. lot or land use boundaries or specialland use
boundaries, shall not be construed to be specific and may be adjusted during the platting
or site development plan approval process. Subject to the provisions of Section 2.7.3.5.
of the Land Development Code. PUDamendments may be made from time, to time.
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.
C. The following shall be considered minor changes and refinements, subject to the
limitations of PUD, Section 6.3A:
I. Reconfiguration of preserve areas. jurisdictional wetland limits. and mitigation
features as a result of environmental regulatory agency review. as long as the
changes do not cause additional impacts to protected species or habitat.
2. Reconfiguration of lakes, ponels, canals, or other water management facilities
where such changes are consistent willi the criteria of the South Florida Water
Management District and Collier County and where there is no further
encroachment into preserve areas.
3. Reconfiguration of golf course envelopes and design features where there is no
encroachment into preserve areas.
6.1
OR: 4368 PG: 2381
17 A
1 ~
4. Internal realignment of rights-of-way other than a relocation of access points to
the PUD.
5. Reconfiguration of residential parcels when there is no encroachment into
preserve areas.
6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION
A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar
year 2000 with completion of the golf course and Project infrastructure anticipated to
occur in calendar year 2000/2001. Marketing of commercial and residential sites and golf
course memberships are to begin in calendar year 2000, and are expected to be concluded
in calendar year 2010.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section
2.7.3.6. of the Collier County Land Development Code.
C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of
Section 2.7.3.4 of the Land Development Code.
6.5 POLLING PLACES
Pursuant to Section 2.6.30. of the Land Development Code, provision shall be made for the
future use of space within a common building for the purpose of accommodating the function of
an eJectoral polling place.
An agreement shaH be recorded in the official records of the Clerk of the Circuit Court of Collier
County, which shall be binding upon any and all successors in interest that acquire ownership of
such common areas including, but not limited to. condominium associations, homeowners'
associations. that such common facilities may be used for an electoral polling place. if detennined
to be necessary by the Supervisor of Elections.
6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
A. Sidewalks I bike paths shall conform with Subsection 3.2.8.3.17. of the LOC.
Due to the environmental issues on this Project impacts are to be minimized.
B. Private streets shall conform with the right-of-way width requirements of Subsection
3.2.8.4.16.5. of the LDC except as foIIows:
1. Cul-de-sacs and local streets Jess than one thousand feet (1,000') in length are
required to have a minimum fifty foot (50') right-of~way width and two ten foot
(10') wide travel lanes as required by Subsection 3.2.8.4.16.5.
2. All other cul-de-sacs are required to have a minimum of fifty foot (50'),
right-of-way width and two ten foot (lO') wide travel lanes as required by
Subsection 3.2.8.4.16.5.
6.2
OR: 4368 PG: 2382
17 A
3. Tangents between reverse curVes shall not be required under Subsection
3.2.8.4.16.10. of the Land Development Code.
4. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14. of the
Land Development Code provided that applicable Florida Department of
Transportation, Manual of Uniform Minimum Standards (FOOT MUMS) and
AASHTO criteria are met.
5. LDC Subsection 3.2.8.3.19.: The standard that street name markers shall be
approved by the Development Services Director and conform with the Horida
Department of Transportation Federal Highway Administration Manual on
Unifonn Traffic Control Devices are waived. The requirements for street
pavement painting, striping and reflective edging of the main road system will be
waived. Traffic circulation signage shall be in conformance with Florida
Department of Transportation Federal Highway Administration Manual on
Uniform Traffic Control Devices standards.
6. LDC Subsection 3.2.8.4.16.8.: The minimum back of curb radii for internal roads
shall be 30 feet with the exception of both entrance road intersections which shall
be 40 feet.
6.7 TRANSPORTATION
A. The Developer shall provide a fair share contribution toward the capital costs of any
traffic signals necessary at Project accesses when deemed warranted by the County
Engineer. The traffic signals wiUbe designed, installed, owned. operated, and maintained
by Collier County. The Developer shall provide arterial level street lighting at all.Project
accesses prior to the issuance of any certificate of occupancy for a building accessed from
a Project entrance.
B. The Developer agrees that Collier County reserves the right to disallow developer
improvements within Vanderbilt Drive. EastlWest Livingston Road. and/or Wiggins Pass
Road rights-of-way if such improvements conflict with or negatively impact public
roadway, drainage. or utility facilities planned as part of future four-laning construction.
C. The Developer shall provide additional right-of-way in fee simple title, when necessary,
along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in
varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the
final four-lane design plans prepared for Collier County by Johnson Engineering, Inc.
Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and
conveyed to Collier County without consideration for impact fee credits for public
roadway, drainage, and public utility improvements. The right-of-way conveyance shall
occur at the time requested by the County.
6.3
OR: 4368 PG: 2383
17A
D. The Developer shall provide additional tlght-'Of-way in fee simple title, when necessary,
along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access
points wherein right turn lanes for development purposes are required or specified. Such
additional right-of-way is declared to be compensating right-of-way and accordingly will
not be subject to road impact fee credits. The final four-Jane design plans prepared for
Collier County by Johnson Engineering, Inc. do not show required right-of-way for right
turn Janes for this PUD, but the right-of-way shan generally be of a typical width of
approximately 15 feet. The right-of-way conveyance shall occur at the time requested by
the County.
E. The Developer shall provide the additionall 0 feet of right-of-way in fee simple title,
when necessary, along the PUD frontage to Wiggins Pass Road. Additional right-of-way
is required in varying widths on the north side of Wiggins Pass Road as shown on the
final four-lane design plans prepared for Collier County by Johnson Engineering, Inc.
Such required right-of-way along Wiggins Pass Road shall be dedicated and conveyed 10
Collier County without consideration for impactfee credits for public roadway, drainage.
and public utility improvements. The right-of-way conveyance shaH occur at the time
requested by the County.
F. The Developer shall provide additional right-of-way in fee simple title. when necessary.
along the PUD's north boundary for future East/West Livingston Road between
Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD
has dedicated 67.5 feet of right-of-way along its southern property line for the future
East/West Livingston Road. 100 feet of right-of,,:,way along the northern property line for
future East/West Livingston Road shall be dedicated to the County. Such required
right-of-way shan be dedicated an~ conveyed to Collier County for public roadway,
drainage. and public utility improvements. Collier County shall compensate the
Developer for the right-of-way based on professional Jand appraisals of the fair market
value based on its value prior to approval of the PUD. The right-oC-way conveyance shall
occur at the time requested by the county.
G. The Developer shall design and pay for any required road improvements to Vanderbilt
Drive that will provide access for the Project (this includes turn lanes and other
improvements such as lighting). If these improvements are made prior to the construction
of the County's Vanderbilt Drive four-lane expansion project. the Developer shall pay the
design and construction costs related to access for the Project for the existing two-lane
section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall include
the Project's access and shall be designed and paid for by the Collnty during the
construction of Vanderbilt Drive. If these improvements are made after the construction
of the County's Vanderbilt Drive four-lane expansion project. the Developer shall pay all
design and construction costs related to access for the Project.
6.4
OR: 4368 PG: 2384
17 A
H. The Developer shallllleet the stotmwaterattenuation and water quality requirements for
the future EastIWest Livingston Road between Vanderbilt Drive and US 41. The
Developer shall be compensated for the stormwater management commitments at a rate
to be determined. The Project shall accept future stonnwater commitments from
East/West Livingston Road along the Project property line in the form of water quantity.
Water quality will be handled within the 167.5' right-of-way reservation.
it..
, .
I, The Developer shall design noise mitigation/abatement systems in accordance with the
Collier County Land Development Code.
J. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pass
Road precedes the development of this Project's access to Vanderbilt Drive, the
Developer shall bear the full cost for the access and appropriate turn lanes.
6.8 UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
A. Water distribution, sewage collection and transmission lines to serve the Project are to be
designed, constructed, conveyed, and/or owned and maintained in accordance with
Collier County Ordinance No. 97-17, as amended, and other applicable County rules and
regulations.
B. All customers connecting to the water distribution and sewagecoJlection facilities, to be
conslIucted will be customers of the County and will be billed by the County in
accordance with the County's established rates.
C. The on-site water distribution system serving the Project must be connected to the
District's water main and must be consistent with the main sizing requirements specified
in the County's Water Master Plan and extended throughout the Project. During design
of these facilities. the following features shall be incorporated into the distribution
system:
1. Dead-end mains shall include dead-end flushing hy~ants.
2. Stubs for future system interconnection with adjacent properties shall be provided
to the property lines of the Project at locations to be mutually agreed to by the
County and the Developer during the design phase of the Project.
6.5
.^^'^'.r
OR: 4368 PG: 2385
17 A
F'".
D. A water distribution system shall be constructed throughout the project development by
the Developer pursuant to all current requirements of Collier County and the State of
Florida. Water facilities constructed within platted rights-of-way or within utility
easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the
County Water/Sewer District for ownership, operation and maintenance. All water
facilities constructed on private property and not required by the County to be located
within utility easements shall be owned, operated and maintained by the Developer, his
assigns or successors.
E. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed water system must be reviewed and approved prior to commencement of
construction.
F. A sewer distribution system shall be constructed throughout the project development by
the Developer pursuant to all current requirements of Collier County and the State of
Rorida. Sewer facilities constructed within platted rights-of-way or within utility
easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the
County Water/Sewer District for ownership, operation and maintenance. All sewer
facilities constructed on private property and not required by the County to be located
within utility easements shall be owned, operated and maintained by the Developer, his
assigns or successors.
G. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed sewer system must be reviewed and approved prior to commencement of
construction.
6.6
OR: 4368 PG: 2386
17 A
i'i f, :'.'
6.9 ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
A. Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning
Environmental Staff. Removal of exotic vegetation shall not be the sole means of
mitigation for impacts to Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks
shall be in accordance with 3.2.8.4.7.3. of the Collier County Land Development Code.
C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of
Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and
surrounding buffers shall be incorporated in Conservation Areas which shall be platted.
D. An exotic vegetation removal. monitoring, and maintenance (exotic-free) plan for the site,
with emphasis on the conservation/preservations areas. sball be submitted to Current
Planning Environmental Staff for review and approval prior to final site plan/construction
plan approval.
E. Petitioner sball comply with the guidelines and recommendations of the U.S. Fish and
Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission
(FFWCC) regarding potential impacts to protected wildlife species. Where protected
species are observed on site, a Habitat Management Plan for those protected species shall
be submitted to Planning Services Section staff for review and approval prior to final site
plan/construction plan approval. A Bald Eagle Management Plan and a Gopher Tortoise
Management Plan are required for this site.
F. Any amendment to the Bald Eagle Management Plan shall require review ofthe
Environmental Advisory Council or any successor body.
6.10 ENGINEERING
A. Detailed paving, grading. site drainage and utility plans shall be submitted to Engineering
Review Services for review. No construction permits shall be issued unless and until
approval of the proposed construction in accordance with the submitted plans is granted
by the Engineering Review Services.
B. Design and construction of all improvements shall be subject to compliance with all
applicable provisions of the Collier County Land Development Code.
6.7
OR: 4368 PG: 2387
17 A
C. The Developer, its successors and assigns, shall be required to satisfy the requirements of
all applicable County ordinances or codes in effect prior to or concurrent with any
subsequent development order relating to this site, including Site Development Plans and
any other application that will result in the issuance of a final or local development order.
6.11 WATER MANAGEMENT
A. An excavation permit shall be required for the proposed lakes in accordance with
Division 3.5 of the Land Development Code and South Florida Water Management
District Rules.
6.12 HISTORICAL AND ARCHAEOLOGICAL
Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site
c1earing..excavation or other construction activity a historic or archaeological artifact is found,
all development within the minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
6.13 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of
the principal structure except that temporary sales buildings, trailers, marketing facilities,
contractors storage and office facilities and the like, play be erected and utilized during the period
of Project development and marketing. Such tempqrary buildings shall be removed upon
completion of the marketing or construction activity which they are accessory to.
6.8
OR: 4368 PG: 2388
6.14 SIGNS
17 A
1. General
A. AU County sign regulations shall apply unless such regulations are in conflict with
the conditions set forth in this Section.
B. For the purpose of this PUD Document/Ordinance, each platted parcel shall be
considered a separate parcel of land and shall be entitled to signs as permitted
herein.
C. Should any of the signs be requested to be placed within the public rights-of-way,
a right-of-way penuit must be applied for and approved.
D. All signs shall be located so as not to cause sight distance problems.
2. Entrance Siens
A. Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a
maximum area of 100 square feet shall be permitted at each entrance to the
Development.
B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest
centerline grade of the nearest public or private right-of-way to the uppermost
portion of the sign structure.
C. Entrance signs may be lighted provided all lights are shielded in a manner which
prevents direct glare into the vision of drivers using the adjacent streets or going
into adjacent residences.
3. fTQiect Signs
A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use
within the Project shall be permitted along the east side of CR 901, the north side
of CR 888, the south side of Livingston Road Extension and on all land tracts
within the Cocohatchee Bay PUD limits subject to the following conditions:
I) Project signs shall not exceed a height of twenty (20) feet above the
finished ground level of the sign site nor may the overall area of the sign
face exceed one hundred (100) square feet.
2) A maximum of four (4) project signs shall be permitted. Two (2) signs
shall be located along the CR 901 frontage, one (I) shall be located along
the Livingston Road Extension frontage. and one (1 ) shall be located along
the CR 888 frontage.
6.9
OR: 4368 PG: 2389
17 A
3)
.'... ............,............'..'..
Project signs may be.lightciIprovided all lights are shielded in a manner
which prevents direct glare which would impact the vision of drivers using
the adjacent streets or going into adjacent residences.
6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the
Collier County Land Development Code in effect at the time of building permit application.
6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water management
facilities or other water bodies is hereby permitted subject to applicable sections of the Land
Development Code. If it is demonstrated that fill activities on those buildable portions of the
Project site are such that there is a surplus of earthen material, then its off-site disposal is also
hereby pel11litted subject to the following conditions:
A. Excavation activities shall comply with the definition of a "development
excavation" pursuant to Division 3.5 of the Land Development Code whereby
off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic
yards) of the total volume excavated unless a commercial excavation permit is
received.
All other provisions of said Division 3.5 are applicable.
6.10
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OR: 4368 PG: 2391
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EXHIBIT "Bn
COCOIU
PUD MASTER.
WITH EAGLE ZONE
VANASSE A DAYLO
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NO. 80205-PUOup'
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PROJEC'f NO.: 80205
OR: 4368 PG: 2392
17
Bald Eagle Habitat Management Plan
COCOHATCHEE
SeCtions 8; .1 6;17r &I.lO, Township 48 S, Range 25 E. Collier County.
Turrell & Associates, Inc. August 2000
4.0 Bald Eagle (Hal/aeetuB leucocephaluB leucocephalus)
4.1 Occurrence on Site
An active bald eagle nest is located on the site on the west side of
Vanderbilt Drive, shown on the attached site plan I preserve map.
According to FFWCC records, the site has been active for at least the last
7 years with nest being constructed in two different trees. The current nest
was constructed in 1995 and the original nest tree was cut down in 1997.
the nest had already fallen. The parent birds fledged one hatchling in
1998-99 and two young during the survey period. The nest is located in a
dead and rapidly deteriorating Slash Pine tree on the' western portion of
the property. The tree is located between a small sawgrass marsh area
and the bay forest lmangrove swamp. The birds have an open view to the
water over the tops of the mangroves to the west. Almost all of the
established trees between the nest tree and Vanderbilt Drive have died,
mostly due to a tire that occurred on the property several years ago so the
birds also have a relatively unobstructed view of Vanderbilt Drive. Due to
the condition of the tree. it is not expected that the eagles will continue to
use the nest more. .than a couple of more years at the most. It is more
likely that a storm with heavy winds will either destroy the tree supporting
the nest, or destroy.the nest itself. It is not clear where the eagles will try
to construct a new nest if this occurs. Specific observations were made
during the past two nesting seasons to note flight patterns and feeding
behavior around the nest These observations showed that flights into and
out of the nest were..predominately to the south and south-west from the
nest tree. Several other dead pines around the nest served as perches for
the parents during the nesting season. An effort was made by the parent
birds to construct a new nest adjacent to the existing marina early in the
'99-'00 season, however. these efforts were unsuccessful.
2.2 Biology and Habitat Requirements
The bald eagle is the largest raptor that breeds on the peninsula of
Florida, with a wingspan of about seven feet. Body plumage is dark
brown with the head and tail a distinctive while. Juveniles are brown-black
and fully develop the white head and tail by the age of five or six.
Eagles typically nest close to water with their diet comprised mainly of fish
but supplemented with a variety of vertebrates including birds and turtles.
Thus nests must provide prey opportunities in the vicinity, good visibility
and a clear flight path.
Nest laying begins in early fall and the cone shaped nests can be 6 feet
1
'~____'_"_"'~"'_"""'_''''~'''"..m"".'m^",='~'''''W....,. '-"'~~'Y"---~~Y'
OR: 4368 PG: 2393
17A
Bald Eagle Habitat Management Pla"
... ....; .<i .... . COCOHATCHEE
.S~ctiOhs S,16ilVi&,20rTownship48 S. Range 25 E, Collier County.
Turrell & Associates, Inc. August 2000
across and 6-8 feet deep, lined with soft materials. Most commonly, living
pine or cypress trees are chosen where some canopy remains above the
nest. The ratio of water to land edge is one of the most important
considerations and so long as prey density does not diminish, habitat
suitability of an area remains constant.
Egg laying peaks in early December and clutches usually consist of one to
two eggs with incubation of approximately 35 days. The young fledge
after 10-12 weeks although parental care may continue a further 4 to 6
weeks after this. Most of Aorida's eagle pairs are year round residents
while the young are migratory.
In addition to the nesting tree, diurnal perch sites are an important part of
the eagle's territory, when, during the non-nesting season, perching may
take. up 74-83% of the day (FWS). Selection is similarly based on how
much prey is available in the vicinity and how well the bird can see it, thus
perch sites are typically trees bordered by an open area such as river or
lake banks.
As a top predator eagles are vulnerable to the build up of contaminants in
the. food chain. Population size was severely affected by the use of the
pesticide DOT (now banned), which reduced reproductive success by
thinning eggshells, lead and mercury poisoning are on-going C9ncerns.
Multiple disturbances by humans of nesting birds has been shown to lead
ultimately to nest abandonment. Spatial and temporal isolation from the
nes~ site and feeding areas are components of species management
plans.
Given the general requirements for the ecological success of the eagle,
an overview of how development on the project site will allow continued
habitation is provided below.
4.3 Site Development Considerations and Species Management
Protocol
The current site plan calls for development of a golf course only with an
option to conduct future residential construction should the site conditions
or management techniques change to allow it. It should be noted that
existing flight paths are predominantly to the south and south-west and a
far greater area of preserve extends from the nest tree to the west,
keeping the site in a similar configuration to how it is currently utilized by
the birds. The main foraging area is the Wiggins Pass estuarine system
which is designated as Outstanding Florida Waters. 280 acres of whic~
will be deeded by conservation easement to the South Florida Water
Management District preserving this habitat in perpetuity.
:2
OR: 4368 PG: 2394
17A
Bald Eagle Habitat Management Plan
'.... .... ..... COCOHA TCHEE
Sections 8, 16,17, & 20, Township 48 S, Range 25 E, Collier County.
Turrell & Associates. Inc. August 2000
The Habitat Management Guidelines outlined in the Recovery Plan for the
Southeastern States Bald Eagle call for a primary protection zone, except
under unusual circumstances, extending 750 to 1500 feet outward from
the nest tree. The precise distance being dependent upon the proximal
and spatial configuration of critical elements such as the nest tree, feeding
area. and roost trees. No residential. commercial, or industrial
development. logging or mining should occur within this zone.
The site plan for the golf course as proposed projects into the 750 foot
primary zone to the east of the nest tree. It is not anticipated that this will
adversely affect the eagles because of the existing circumstances of the
site. There are no existing living trees within this area and the birds
currently have a relatively unobstructed view of Vanderbilt Drive. The golf
course would remove some of the dead snags left in the area but
observations over the past two years have shown that these snags are not
utilized by the birds for roosting or perching~ Also, flight paths into and out
of the nesting area were in the opposite direction and not over the area
proposed to be impacted. A screen of living vegetation will be planted
between the golf course and the nest site to block views and sounds of
the golfers from the nest. This action would result in . a buffer of
approximately 530 feet to the east of the nest A buffer of 750' would be
maintained to the south and north of the nest, and no impacts are
proposed to the west between the tree and the Gulf of Mexico.
To minimize disturbance during the important nesting period. a greater
buffer zone of 1500' in radius will be established and maintained during
site construction activities. No construction activities will take place within
the 1500-foot zone during the nesting period which runs from October 1
through May 15.
IncorpQrated throughout the site is an education plan consisting of signs
and posters located at golf hole tees, with information and pictures of the
habitats and species located in the vicinity of each hole. In this way
players and residents will gain knowledge and an appreciation of the
system as they progress through the course. The eagle will be highlighted
at the appropriate location with details on the species biology, ecology
and conservation status.
:3
OR: 4368 PG: 2395
17 A
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. 2000-88
Which was adopted by the Board of County Commissioners on
the 12th day of December, 2000, during Regular Session.
r--.::
WITNESS my hand and the official seal of the Board ~f;; ~~
',." 0
County Commissioners of Collier County, Florida, this 15th]: ~da:Yc:~
-:'''l
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of December, 2000.
u~
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J .i%
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
County Commissioners
~~
By: Ellie Hoffman,
Deputy Clerk
f',1fIlI'.~;uI:"\
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O~G: 2396
1
A
COCOHATCBEEBAY
I.
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A
PLANNED UNIT DEVELOPMENT
PREPARED FOR:
I
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REGULATIONS AND SUPPORTING AMENDED MASTER PLAN
GOVERNING COCOHATCHEE BAY A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COILIBR COUNTY LAND DEVELOPMENT CODE
-iF
v ANDERBR.T PARTNERS n. LTD
PREPARED BY:
PMS, INC. OF NAPLES
2335 TAMIAMI TRAlL NORTH
SUITE 408
NAPLES, FL. 34103
"Ii."
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
SETI'T .RMF.NT AGREEMENT AND RELEASE DATED
12111/00
2000-88
12114/00
,'2008
BXHIBIT "f.."
2/28/08 revision
Exhibit 2 to Settlement Agreement aDd Release
I
Ii
-~.-OR:- 4368PG: 2397.
I71A ;..
I
SECTION V
PAGE
List of Exhibits and Tables II
Statement of Compliance m
Property Ownership, Legal
Description and Short Title 1.1
Project Development "2.1
Residential Development Areas 3.1
Golf Course / Open Space 4.1
Preserve District 5.1
General Development Commitments 6.1
INDEX
SECITON I
SECITON II
SECTION m
SECITON IV
SECTION VI
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2/28/08 revision
i.
OR: 4368 PG: 2398
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LIST OF EXlDBITS AND TABLES
EXHIBIT "A"
Amended Planned Unit Development Master Plan
EXHIBIT "B"
PUD Mesler Pl_ with 8agl~ Zelle O";erlay &H
Bald:8agle M8B&gemeBt Pl8B
Cocohatchee Bay PUD Amended Bald Ea2leManagement Plan
EXHIBIT "C"
Settlement Agreement and Release
TABLE I
Land Use Summary
TABLE n
Development Standards for lOR" District
TABLE ill
Development Standards for "GC" Sin~le Family
II
2/28/08 revision
.....
. ..'
OR: 4368 PG: 2399
..." r""'"
17f
STATEMENT OF COMPLIANCE
The development of approximately 532.09 :I: acres of property in Collier County as a Planned
Unit Development (PUD) to be known as Cocohatchee Bay PUD will be in compliance with the
goals, objectives and policies of Collier County as set forth in the Collier County Growth
Management Plan. Cocohatchee Bay is a mixed use residential golf course community and will
be consistent with the applicable elements of the Collier County Growth Management Plan for
the following reasons:
Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay
Project are adequate. The Cocohatchee Bay Project will participate in the expansion of
existing public facilities to the extent of its impact on those facilities via payment of
impact fees.
1.
.
2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and
planned land uses in the vicinity. Project lands lie in a transition area which includes
low-rise residential development and high-rise multi-family development.
3. The subject property's location in relation to existing or proposed community facilities
and services permits the Development's residential density as described in Objective 2 of
the Future Land Use Element.
4, The project Development is compatible with and complementary, to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
5. The property was down-zoned during the Zoning Re-evaluation PrOcess which resulted in
an action establishing several zoning districts and densities:
Parcel 1 -
Parcel 5 -
Parcel 6 -
Parcel 7 -
11.19 acres
161.63. acres
13.15 acres
69.61 acres
Parcel 8
194.60 acres
Parcel 9
Parcel 10
1.26 acres
80.65 acres
TOTAL
532.09 acres
2/28/08 revision
RSF-3st
RSF-4
RSF-4(3)
RSF-3st(3)
RSF-3(3)
RMF-6(3)
RMF-6st(3)
RMF-12(3)
RMF-12st(3)
RMF-12st(3)
RMF-I2st(3)
RMF-6st(3)
m
= 33.57 units
= 646.52 units
= 39.45 units
= 208.83 units
=
583.80 units
=
3.78 units
241.95 units
=
=
1757.90 or 1758 units
Tho PUD will utilize a IDllIl of 590 uoits OIl 532.09 '" acres for a gross density of 1.1 ~ 7
dwellings per acre. This action makes the land use and density consistent with the Future
Land Use Element of the Growth Management Plan.
.~
6. hnprovements are planned to be in compliance with applicable sections of the Collier
County Land Development Code as set forth in Objective 3 of the Future Land Use
Element.
7. The project Development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.H and 3.1.L of the Future
Land Use Element.
8. The project Development is planned to protect the functioning of natural drainage
features and natural groundwater aquifeuecharge areas as desqibed in Objective 1.5 of
the Drainage Sub-Element of the Public Facilities Element.
9. All final local development orders for this Project are subject to DivisiaB ~.lS, fMEft1ate
PBBlie Faeilifies. af the Collier County Land Development Code (IDC).
10. This PUD amendment is herebv made pursuant to a SettlementA$reement and Release. a
conv of which is attached hereto as Exhibit "C" and which terms and conditions are
Pereby deemed to be incotpqrated herein bv reference as if fully set forth herein. If anv
terms between this PUD amendment and the Settlement A~ment and Release are in
conflict. the Settlement Agreement and Release will control.
IV
2/28/08 revision
I
OR: 4368 PG: 2401
SECTION I
PROPERTY OWNERSIDP & GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of COCOHATCHEE BAY.
. 1.2 LEGAL DESCRIPTION
Pt\RCEL 1 '
THE SOUTHERLY 548 FEET OF A 'fRACT OF LAND LYING IN SECTION 8,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COlLIER COUNTY, FLORIDA, SAID
TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF
GOVERNMENT LOT 4, SAID SECTION 8. RUN S.88024'40"W. (SHOWN IN ERROR
AS S.88026'40''W. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439
THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218, PAGE 484;
HEREINAFI'ER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF
SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID
S,OUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED
BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447
(SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167. PAGE 692 AND O.R. BOOK
218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN
O.R. BOOK 68, PAGE 235, THE BEARINGS AND'DISTANCE ARE IN EFFECT
THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK
87. PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLlER
COUNTY, FLORIDA; THENCE RUN N.29011'40"W., ALONG SAID BOUNDARY
LINE, FOR 300 FEET; THENCE RUN N.30bo'OO"w., ALONG SAID AGREED
BOUNDARY LINE. FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE
OFFICIAL RECORDS); THENCE RUN N.67030'OO"W. ALONG SAID AGREED
BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN
THE OFFICIAL RECORDS); THENCE RUN N.22031'00"W., (SHOWN IN ERROR AS
N.22030'OO"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED
BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID
AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN lNTERSECTION WITH THE
WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3,
SAID SECTION 8; THENCE RUN N.oo08'53"E. (SHOWN IN ERROR AS NORTH IN
THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59000'00"E., FOR 815.68
FEET, TO AN INTERSECTION wrm SAID WESTERLY PROLONGATION OF THE
NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89012'20"E.,
ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF
SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER
OF SAID GOVERNMENT LOT 3, THENCE RUN S.ooo23'1O"E.. ALONG THE EAST
LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR
2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED
1.1
2/28/08 revision
1
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OR: 4368 PG: 2402
THERETO BY ACCRETION OR REliCTION, AND LESS AND ACCEPT ANY
LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 5
THE NORTHWEST 114 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-
OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE)
AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD).
PARCEL 6
THAT PART OF THE NORTHERLY ONE-FIfTH (BEING MORE PARTICULARLY
DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE
NORTH 1/2 OF THE NORTHEAST 114 OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE
RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL).
PARCEL 7
THE EAST 1/2 OF THE NORTHEAST 114 OF SECTION 17, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COlLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 'OF THE NORTHEAST 1/4 AND
EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A
(VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION
OR REUCTlON, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY
SUBMERGENCE OR EROSION.
PARCEL 8
BEGINNlNG AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48
SOUTH, RANGE 2S EAST, COUJER COUNTY, FLORIDA, RUN N.89054'20"W.,
ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN
INTERSECl'ION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R.
BOOK 68, PAGE 235 THROUGH 250 OF THE PUBUC RECORDS OF COUJER
COUNTY, FLORIDA; THENCE RUN N.01030'05"E., ALONG SAID AGREED
BOUNDARY LINE, FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 FEET, IN
O.R. BOOK 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFfER CITED
AS OFFICIAL RECORDS); THENCE RUN N.30000'OO"E., ALONG SAID AGREED
BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05000'OO''W., ALONG SAID
AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29011'40"W.,
ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN
INTERSECI'ION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE
OF SAID SECI'ION 17; THENCE RUN N.88024'40"E. (SHOWN IN ERROR AS
N.88026'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR
3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE
RUN S.0027'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04
FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE O~CIAL RECORDS), TO
THE EAST QUARTER CORNER; THENCE RUN S.0026'OO"E. (SHOWN IN ERROR
AS S.0026'00''W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID
SECI'ION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING
1.2
2/28/08 revision
1 'A \' '~. ;l1 ti
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THEREFROM (1) THE EAST In OF THE NORTHEAST 1/4, (2) THE NORTHEAST
1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4,
OF THE SOUTHEAST 1/4, ALL IN SAID SECI'ION 17; AND EXCEPTING THE
RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND
EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST JA
OF THE SOUTIlEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25
EAST, DESCRIBED AS FOlLOWS: FROM THE NORTHEAST CORNER OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECI'ION
17, RUN S.89053'18''W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE
RUN S.89053'18''W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS
SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1,
PAGE 7, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
RUN S.41011'03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE
RUN S.oo06'42"E:, FOR 120 FEET, THENCE RUN N.89053'18"E., FOR 275.72 FEET,
TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A
(VANDERBILT DRIVE): THENCE RUN N.oo26'OO"W., FOR 220 FEET, TO THE
POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION
OR REUCI10N, AND LESS AND ACCEPf ANY LAND LOST THEREFROM BY
SUBMERGENCE OR EROSION
PARCEL 9
THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
17, TOWNSHIP 48 SOUTH,~ RANGE 25 EAST, COUlER COUNTY, FLORIDA,
DESCRIBED AS FOlLOWS: FROM A POINT OF BEGINNING AT THE
NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SAID SECTION 17, RUN N.89040'55"E., FOR 560.24 FEET, ALONG THE NORTH
LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST .1/4 OF SAID SECTION 17,
TO A POINT ON THE BULKHEAD I.JNE AS SHOWN ON PLAT THEREOF
RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBUC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.oo26'OO"W., FOR
100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.8904Q'55"W., FOR
560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE
OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17;
THENCE RUN S.oo25'41"E., FOR 100.00 FEET, TO THE POINT OF BEGINNING.
PLUS ANY LAND ADDED THERETO BY ACCRETION OR REUCTION, AND
LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR
EROSION.
PARCEL 10
BEGINNlNG AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COIJ.JBR COUNTY, FLORIDA, RUN N.89052'20"W.,
ALONG THE soum LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE
RUN N.ooo14'00"W. FOR 1698.91 FEET; THENCE RUN N.54047'S2"W., FOR 399.32
FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS
RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBUC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79017'1O"E.,
ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN
1.3
2128/08 revision
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N.02059'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET
(SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE
RUN N.27015'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET;
THENCE RUN N.18044'30"W., ALONG SAID AGREED BOUNDARY LINE FOR
887.03 FEET, THENCE RUN N.05037'50"W., ALONG SAID AGREED BOUNDARY
LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF
SECTION 20; THENCE RUN S.89054'20"E., ALONG SAID NORTH LINE FOR
2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE
RUN S.02012'OO"8., ALONG THE EAST LINE OF SAID SECTION 20, FOR 5273.90
FEET (SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68, PAGE 235) TO THE
POINT OF BEGINNING.
PLUS ANY. LAND ADDED THERETO BY ACCRETION OR REliCTION, AND
LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR
EROSION.
AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A
(ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS
BLUEBILL AVENUE).
AND LESS AND ACCEPT THE FOLLOWING DESCRIBE REAL PROPERTY:
" ."
AIL OF WIGGINS PASS LAl\IDINGSUNrr NO.1 ADDmON, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE
PUBliC RECORDS OF COUJER COUNTY, FLORIDA, AND ALL OF WIGGINS
PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 10, At PAGE 44, OF THE PUBliC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS
LANDINGS UNIT NO.1 ADDmON; THENCE N.89052'20''W. ALONG THE
SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST
CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N.89052'20"W., ALONG THE SOUTIlERLY LINE OF SAID WIGGINS
PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE
SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N.oooI4'OO"W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS
LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; THENCE N.34026'15"E.,
ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N.87048'OO"E. ALONG SAID NORTHERLY LINE A DISTANCE OF
1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID
WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.02012'OO"E. A DISTANCE OF
163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID
WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87048'OO"E. A DISTANCE OF
200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE
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S.02012'OO"E. ALONG THE EASTERLY LlNE OF SAID WIGGINS PASS LANDINGS
UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF
LOT I, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1, THE SAME
BEING THE NORTIlEAST CORNER OF LOT 1 OF SAID WIGGINS PASS
LANDINGS UNIT NO.1 ADDmON; THENCE S.02012'OO"E. ALONG THE
EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDmON, A
DISTANCE OF 1209.93 FEET TO THE POINT OF BEGlNNING, PARCEL
CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS
PASS LANDINGS UNIT NO.1 ADDmON, ACCORDING TO THE PLAT TIJEREOF
RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBUC RECORDS OF
COlLIER COUNTY, FLORIDA).
PLUS ANY LAND ADDED THERETO BY ACCRETION OR REUCfION, AND
LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR
EROSION.
AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY:
A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP
48 SOUTH, RANGE 25 EAST OF COlLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOlLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF
SAID SECTION 20; THENCE N.02012'OO"W., ALONG THE EASTERLY LINE OF
SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEEf;THENCE S.87048'OO"W., A
DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY
LINE OF VANDBRBB.,T DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE
NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT
NO.1, ACCORDING TO THE PLAT THBREOF RECORDED IN PLAT BOOK 10, AT
PAGE 44, OF THE PUBUC RECORDS OF COUJER COUNTY, FLORIDA, THE
SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; TIlENCE S.8704S'OO"W., A DISTANCE OF 200.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 1; THENCE N.02012'OO"W. A DISTANCE OF
163.77 FEET TO THE NORTHEAST CORNER OF LOT 3. BLOCK 3, OF SAID
WIGGINS PASS LANDINGS UNIT 1; THENCE S.87048'OO"W. ALONG THE
NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A
DISTANCE OF 1481.48 FEET; THENCE S.34026'15"W. ALONG THE
NORTHWESTERLY LlNE OF SAID WIGGINS PASS LANDINGS. UNIT NO.1, A
DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACf B.
BAKER-CARROll. POINT. ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 8, PAGE 42, OF THE PUBUC RECORDS OF COlLIER COUNTY.
FLORIDA; THENCE N.54047'52"W.. ALONG THE NORTHERLY LINE OF SAID
BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION
wrrH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECO}IDS
BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBUC RECORDS OF
COUJER COUNTY. FLORIDA; THENCE N.79017'10"E., ALONG SAID AGREED
BOUNDARY LINE, A DISTANCE OF 69.60 FEET; TIlBNCE N.Oso9'30"W., ALONG
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SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE
N.27015'20"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF
616.67 FEET; THENCE N.87048'OO"E., A DISTANCE OF 2472.71 FEET TO A POINT
ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE;
THENCE S.020I2'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11
FEET; THENCE S.020I2'OO"E. ALONG SAID WESTERLY LINE A DISTANCE OF
667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES,
MORE OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The Project site is bordered on the West by the Delenor Wiggins State Park and
Barefoot Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay
POO, on the South by the Dunes PUD and on the North by Arbor Trace PUD and
the Retreat PUD.
B. The zoning classification of the project prior to approval of this PUD document
was RSF-3 (3), RSF-3ST (3), RSF-4, RSF-4 (3), RMF-I2ST (3), RMF-12 (3),
RMF-6 ST(3), RMF-6(3), and A-ST.
I.S PHYSICAL DESCRIPTION
A. The Project lies within South Florida Water Management District No.6.
Drainage from the property will discharge into Cocohatchee Bay
B. Water Management Facilities for the Project will be designed and constructed in
order to introduce project stormwater runoff to wetland areas in an attempt to
assist in the restoration of historic water retention and preserve areas.
C. Elevations within the Project site range from 1.5 to II feet above mean sea level.
Most of the area, however, falls within the 10' to II' foot elevation category. The
site lies within Flood Zone AE (EL II') and AB (EL 12') according to Finn Maps
120067-0191D, 0187D, and 189D, dated June 3, 1986.
D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress
Swamp (approximately 48%) and Charlotte fme sand (approximately 2%). Soil
characteristics were derived from the Soil Survey of Collier County, Florida,
issued by the U.S. Department of Agriculture (Soil Conservation Service) in
March, 1954.
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1.6 PROJECT DESCRIPTION
The Cocohatchee Bay PUD is a residential and golf course community with a maximum
of 590 dwelling units. Recreational facilities including a golf course, clubhouse,
maintenance facility, caddie quarters, and guest suites will be provided in conjWlction
with the dwelling units. Residential and recreational land uses are designed to be
harmonious with one another in a natural setting by using common architectural themes,
appropriate screening and buffering and open space.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "AMENDED COCOHATCHEE BAY
PLANNED UNIT DEVELOPMENT ORDINANCE."
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The pwpose of this Section is to generally describe the Project plan of development.
relationships to applicable County ordinances, the respective land uses of the tracts
included in the Project. as well as other project relationships.
2.2 GENERAL
A. Development of Cocohatchee Bay shall be in accordance with the contents of the
Amended Planned Unit Development document, the Settlement Agreement and
Release attached hereto. and applicable sections of the Collier County Land
Development Code and Growth Management Plan in effect at the time of issuance
of any development order, such as, but.not limited to, Final Subdivision Plat,
Final Site Development Plan. Excavation Permit, and Preliminary Work
Authorization. to which such regulations relate. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district
in the County Land Development Code shall apply.
B. Unless otherwise noted. the definitions of all tenns shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Cocohatchee Bay PUD shall become part of the
regulations which govern the manner in which the PUD site may be developed.
D. Unless modified. waived or excepted by this PUD. the provisions of the LDC,
where applicable, remain in full force and effect with respect to the development
of the land which comprises this PUD. .
E. Development permitted by the approval of this Petition will be subject to a
concUlTCncy review under the provisions of Di'/isieR 3.ts, ..'~e P8hlie
Paeiliaes. af the LDC at the earliest or next to occur of either final SDP approval,
final plat approval, or building permit issuance applicable to this Development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan. including land uses for the various tracts. is illustrated
by Exhibit "A;' the Amended PUD Master Plan. The nature and extent of land
uses within the Project are indicated on Table L The specific location and size of
individual tracts and the assignment of dwelling units thereto shall be determined
at the time of detailed site development planning or platting.
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B.
The final size of the recreation and open space lands will depend on the actual
requirements for water management facilities, golf course layout, roadway pattern,
and dwelling unit size and configuration.
17iA
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COCOHATCHEEBAY
LAND USE SUMMARY
TABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
lB
MAX. D.U.'s I SQuare Footaee
ACRES
Residential "R.:!-"
~48G
53.7044.00 I.'
.~ 'f"
Resi_HaI "R2"
9Q
9.79 II
Golf Course "GC"
2*~
170.39 +/-
Open Space N/A
(Preserve, Lakes and Landscape BuffeB,)
308.00 +/-
Total
590!,
Total
532.09 +/- acres
*2 'lac" units to be deducted from the total in the "R" use so total overall remainll S90 units.
2A RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the POD, final plans for all required improvements shall receive approval of the
appropriate Collier County governmental agency to ensure compliance with the
Amended PUD Master Plan, the Collier County Subdivision Code, and the
platting laws of the State of Florida.
B. Revised Exhibit "A," the Amended PUD Master Plan, constitutes the required
PUD Development Plan. Subsequent to or concurrent with PUD approval, a
preliminary subdivision plat, if applicable, shall be submitted for the entire area
covered by the Amended PUD Master Plan. Any division of property and the
development of the land shall be in compliance with DhisieR 3.2 af the Collier
County Land Development Code, and the platting laws of the State of Florida.
C. The provisions of DVlisisR 3.3 ef the Collier County Land Development Code,
when applicable, shall apply to the development of all platted tracts or parcels of
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17A
land as provided in the Collier County Land Develo.pment Code saiEl DivisieB
prior to the issuance of a building permit or other development order.
D.
The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a Preliminary Subdivision Plat in
conformance with the requirements af Di":isieB 3.2 of the Collier County Land
Development Code prior to the submittal of construction plans and a final plat for
any portion of the tract or parcel.
I
E. Utility, road, public and private easements shall be established as required during
the SDP and/or plat approval process.
F. Appropriate instruments, will be provided at the time of infrastructure
improvements regarding dedications and the method for providing perpetual
maintenance of the common facilities~
2.5 MODEL HOMES I SALES OFFICES
Model homes, sales centers and other uses and structures related to the promotion and
sale of real estate such as, but not limited to,. pavilions, viewing platforms, gazebos,
. parking areas, tents, and signs, shall be permitted principal uses throughout the
Cocohatchee Bay PUD, subject to the ~1IiHm8BtB af SeeB8ft 2.~.33.4. af tile Collier
County Land Development Code, and all other applicable sections. Sales facilities will be
permitted prior to final plat approval as, provided in the Collier County Land
Development Code sRiEl SeeaaB 2.~.JJ. ~.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, SeeseR 2.7.3.5.
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
t ..
)
Common area maintenance will be provided by the Master Property Owners' Association.
The Association is a legitimate alternative for the timely and sustained provision of
quality common area infrastrocture and maintenance under the tenns and conditions of
County development approval. For those areas not maintained by the Master Association,
the Developer has created a property owners' association(s), or condominium
association(s), whose functions shall include provision for the perpetual maintenance of
common facilities and open spaces. The Master or the property owners' association, as
applicable, shall be responsible for the operation, maintenance, and management of the
surface water and stormwater management systems, and reserves serving the Cocohatchee
Bay PUD, together with any applicable permits from the Florida Department of
Environmental Protection, u.S. Army Corps of Engineers, and South Florida Water
Management District.
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O~G: 2411
18 DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development of
relatively large tracts of land under unified ownership or control, as set forth in the
Collier County Land Development Code, Seeaeft 2.2.29.2.3.
The Applicant has not set "stages" for the development of the property. Since the
property is to be developed over an estimated ten (10) year time period, any projection of
project development can be no more that an estimate based on current marketing
knowledge. The estimate may. of course, change depending upon future economic
factors.
2.9 GENERAL PERMI'ITED USES
Certain uses shall be considered general pennitted uses throughout the Cocohatchee Bay
Community PUD except in the Preserve District. General permitted uses are those uses
which generally serve the Developer and residents of the Cocohatchee Bay PUD and are
typically part of the common infrastructure or are considered community facilities.
A General Pennitted Uses:
1.
2.
., 3.
4.
5.
6.
1.
2/28/08 revision
Essential services as set forth under the Collier County Land Development
Code, geeasH 2.'.9.1.
Water management facilities and related stroctures.
Temporary sewage treatment facilities.
Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
Guardhouses, gatehouses, and access control structures.
Community and neighborhood parks. recreational facilities. community
centers.
Temporary construction. sales, and administrative offices for the
Developer and the Developer's authorized contractors and consultants.
including necessary access ways, parking areas and related uses.
8. Landscape features including, but not limited to, landscape buffers, benns,
fences and walls which shall be in accordance with the Collier County
Land Development Code in effect at the time permits are requested unless
otherwise specified herein.
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9. Any other use which is comparable in nature with the foregoing uses and
which the Planning Services Department Director determines to be
compatible.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - Fifteen feet
(15') except for guardhouses, gatehouses, and access control structures
which shall have no required setback.
2.
3.
~ :;-
4.
S.
6.
7.
Setback from exterior property lines - One half (112) the height of the
stmcture, minimum of twenty feet (20').
Minimum distance betweenstroctures which are part of an architecturally
unified grouping - Five feet (5').
Minimum distance between unrelated structures - Ten feet (10').
Minimum floor area - None required.
Minimum lot or parcel area- None required.
Sidewalks, bikepaths, and cartpaths may be placed within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bikepath,
or cartpath.
8. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein, are to be in accordance with the Collier
County Land Development Code in effect at the time of Site Development
Plan Approval.
2.10 OPEN SPACES REQUIREMENTS
The Amended PUD Master Plan ideMifies 8ppfeJ[ilBately 48:.l &efe8 iRehuleEl iB the
R.eeteMiaB, Galf CeBf88, l..&Bdseape!9pea Spees, Lakes llft6 Pfe8eR'8 Diskiet
ElesigRaftaRS. ':RIese &n1l8S eEfYate le appfeJ[imately 91 pereeRt af iRe .Prejeet &BEl fully
~ satisfies the open space requirements of Seea8B 2.'.32 ef the Collier County Land
Development Code.
2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site
shall be preserved.
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2.12 LANDSCAPING REQUIREMENTS
A. A perimeter berm shall be consbUcted in conformance with SeeBeR 2.1.1 af the
Land Development Code.
1. Trees and shrubs shall be planted along the base of the berm so as to
visually soften the appearance of the side of the berm.
2. Ground cover on the side of be berm shall form a dense attractive mat, and
shall not require mowing.
3. Trees shall be a minimum of 75 percent native species.
4. Shrubs shall be a minimum of 35 percent native species.
B. A minimum landscape area of thirty-five feet (35') shall be developed along the
Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt
Drive shall include development features that impede the view of high rise
residential structures from Vanderbilt Drive.
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SECTION ill
RESIDENTIAL "R" DEVELOPMENT AREAS
3.1
PURPOSE
The purpose of this Section is to establish land use regulations and development
standards for the residential development tracts designated on Exhibit "A," the Amended
PUD Master Plan as "R" "RI" Mil ".R2".
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted within the PUD is 590. The subject
property contains a gross acreage of 532.09 +/- acres and base density of 1.11 dwelling
units per gross acre.
3.3 GENERAL DESCRIPflON
Areas designated as "R" "RI" llIul<'R2" on the AmendedPUD Master Plan are designed
to accommodate high-rise residential dwelling unit.types, multi-family dwellings, adult
living facilities, compatible nonresidential uses, a full range of recreational facilities,
essential services, and customary accessory uses.
The approximate acreages are indicated on the Amended PUD Master Plan. These
acreages are based on conceptual designs and are approximate. Actual acreage of all
development tracts will be provided at the time of Site Development Plan or Preliminary
Subdivision Plat approvals in accordance with DiyisieB 3.3 &B6 Db'isieB 3.2,
!espeeti';ely, ef the Collier County Land Development Code. Residential tracts are
designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes
and water management facilities, and other similar uses found in residential areas.
3.4 USES PERMITTED
A. Principal Uses
1. Multiple-family dwellings.
2. Guest suites and cabanas.
3, Any other principal use which is comparable in nature with the foregoing
uses and which the Planning Services Department Director determines to
be compatible in the ::R: "R.l" &BEl "R2" Districte-.
B. Accessol)' Uses
1. Uses and structures customarily associated with principal uses permitted.
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2.
Recreational uses such as, but not limited to, clubhouse, fitness center,
health spa. tennis courts, swimming pools or similar recreational uses.
3. Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Department Director determines to
be compatible in the "Rtt "Rltt &Rd "R2tt Districts.
3.5 DEVELOPMENT STANDARDS
A. Table I 11 sets forth the development standards for land uses within the UR"
Residential Districtlt.
B. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within the Cocohatchee Bay PUD, are to be
in accordance with Collier County Land Development Code in effect at the time
of Site Development Plan approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
C. Off-street parking required for multi-family uses shall be accessed by parking
aisles or driveways which are separate from any roads which serve more than one
development A green space area of not less than ten feet (lO') in width as
measured from pavement edge to pavement edge shall separate any parking aisle
or driveway from any abutting road.
D.
In the e'.'86t the De'Jeleper suil. the Htiple family heBsiRg plaeed iR the 8ftiIa
StWwMR 'ParpaB Ce';e aBEl FalliRg Waters, a miBimBm af 39 pereeRt af the
Haple family lleH5iBg shaJI Be affeted te empIeyees af the gelt BaBfSe 1','/it;lt
pmeltase plies Sf reBta:l ftltes 8e8M_at vJith 8'88Hiell8lly aeesptea fteusiag sealS
te ifHleJRe Mes.
; ..
AMENDED COCOHATCBEE BAY COMMUNITY
DEVELOPMENT STANDAlIDS FOR "Rot DISTRICT
TABLEt-II
DEVELOPMENT STANDARDS ~ !!Ra!! NON HIGH
HIGH.RlSE Mm.R PAlUL=P RISE (Other
Multi. F8IIIily DweUiap* Struetures)*
Mln'_.... Lot Area N/A -I-Aere 1 Acre
Mlaimum Lot Width N/A NIA N/A
Front Yard .lntemaJ Road *. O.S BH not less fU BM Bet 18l!l1l 0.5 BR not less
than 2S feet thea ~ feel than 2S feet
Front Yard - AeeesIOry Bldg. 0.5 BH not less 9.S BII Rell.. O.S BH not less
IndndilUl! PIII'kbu! StnJc:tun than 2S feet diM ~ feet than '25 feet
Front Yard. Vanderhilt Drive BH NIA NJ 'A
Front Yard. Aeeesson BId2. 50 NIA N:A
Side Yard 0.5BH U 15.
Rear Yard Principal O.5BH # U
Rear Yard Acces&Ol'V 15 -IQ 10
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OR:.4368 PG: 2416
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MR-ft1lllQJll BlcJa Heipt
20 stories for a maximum
hei t of 200 feet *2
O.S SBH *3
9.J BH Ret 1_
thea Ij r.et
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Dfstaaee Between PriadpaI Strudtms
Floor Area MiD. S.F.
1800 SF
1lH: (Building Height): Building height shall be the vertical distance IJIelIS\Iled from the first habitable finished floor elevation to
the uppermost finished ceiling elevation of the structure.
SBH: (Sum of Building Height): Combined beight of two adjacent buildings for the purposes of determining setback
n:quirements.
All distances are in feet unless otherWise DOted.
.1 Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way. setback is measured from the adjacent right-of-way line.
B. If the parcel is Served by a private road, setback is measured from the bad: of curb (if embed) or edge of pavement (if
not curbed).
.2 Building height for the north property line adjac=t to Arbor Trace in the "R.." tract shall be 11 "" stories for a maximum
height of ill +50 feet. ' ,.
.3 Whete buildings with a common architec:tural theme arc auglc:d. skewed or offset from one another. and walls arc not
parallel to one another. the setbacks can be administratively reduc:ed.
.4 For ar"'-'cnrv uses. inc1udinl!: cabanu there shall be no minimum floor amL
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SECTION IV
GOLF COURSE "GC" DEVELOPMENT AREAS
4.1 PURPOSE
The purpose of this Section is to set forth the uses permitted and development standards
for the Golf Course tracts. The primary function and purpose of these tracts will be to
provide aesthetically pleasing open areas, golf course and recreational facilities. Except
in areas authorized for Development, all good quality native trees and shmbs shall be
protected and preserved wherever practicable.
4.2 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part. for other than the following:
A. Permitted Principal Uses and Structures
1. Golf courses and golf club facilities, caddie quarters, clubhouse, guest
suites, including temporary golf clubhouses.
2. U.p to 2 sinlrle-family detached dwelline units.
3. ~ Project infonnation and sales centers.
4. &- Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds,
water and wastewater treatment plants, utility pumping facilities and pump
buildings, utility and maintenance staff offices.
~ Anv of the uses of the .'P" District subject to the development standards of
the "P" District.
6. 4: Any other principal use which is comparable in nature with the foregoing
uses and which the Planning Services Department Director determines to
be compatible.
B. Permitted Accessory Uses and Structures
1. Accessory uses and stmctures customarily associated with the principal
uses permitted in this District.
2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters,
snack bars and .golf course maintenance yards.
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3.
Retail sales of associated recreational equipment and apparel, such as, but
not limited to, golf, tennis, and other recreational related equipment
apparel and accessories.
4. Restaurants and related uses intended to serve club members and club
guests.
5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all
other types of accessory facilities intended to provide recreational
opportunities for members.
6. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, bikeways, landscape nurseries, gazebos, boat and canoe
docks, fishing piers, picnic areas, fitness trails and shelters.
7. Any other accessory use .which is comparable in nature with the foregoing
uses and which the Planning Services Department Director detennines to
be compatible.
4.3 DEVELOPMENT REGULATIONS . GOLF FACILITIR~
A. Principal structures shall be set back a minimum of twenty feet (20') from Golf
Course District boundaries and private roads, and twenty~five feet (25') from all
PUD boundaries.
B. Accessory structures shall be set back a minimum often feet (l0') 'from Golf
Course District boundaries and private roads, and twenty feet (20') from all PUD
boundaries and residential tracts.
C. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glm: or unreasonable interference.
D. Maximum height of structures
1. Principal Structures - 2 stories for a maximum height of 20 feet.
2. Accessory Structures - 1 story for a maximum height of IS feet
E. Minimum distance between principal structures - Ten feet (10').
F. Parking for the community center/clubhouse shall be three spaces per every one
thousand (1,000) square feet of gross floor area. which shall be considered
inclusive of the required golf course parking, provided the golf course and
recreational facilities are private, otherwise, applicable provisions of the Land
Development Code shall apply.
G. The golf course maintenance building shall be located a minimum of 1750 linear
feet west of U.S. 41.
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H. Standards for parking. landscape, signs and other land uses where such standards
are not specified herein, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan approval.
Unless otherwise indicated, required yards, heights, and floor area standards apply
to principal structures.
4.4 DEVEWPMENT REGULATIONS -SINGLE FAMILY CRITERIA
No building or structure. or pan thereof. shall be erected. altered or used. or land or water
used. in whole or in part. for other than the following:
A. Principal structures shall be set back a minimum of twenty feet (20') from Golf
Course District boundaries and private roads. and two hundred feet (200') from all
PUD boundaries.
B. Accessoty structures shall be set back a minimum of ten feet (10') from Golf
Course District boundaries and private roads. and two hundred feet (200') from all
PUD boundaries and residential. tracts. Fences. ~ates and non.habitable ~ate
houses are exemDt from the reauirement of Pata2I1JPh 4.4.B.
DEVELOPMENT STANDARDS FOR
''GC" SINGLE FAMILY
TABLE m
DEVELOPMENT STANDAIQ)S
~
SiD2Ie F__1v
Detached Dw..lltnu
.t
Rear Yard Prindoal
~
10
1
18 zoned hcimt
. ..
Muimum Biehl: Hei2ht lor Drincln.llIDd
.F.
A!I diRtan"". 8nl in ~ unless otherwise noted.
* Front vards shall be measured as follows:
A. If the Darcel is served bv a Dublic ritht-of-wav. setback is measured from the adiacent
rillbt-of-w8Y line.
B. If the Darcel is served by a nriyate road. setback is measured from the back of curb (if
curbed) or edlle of oaYClJIIeIIt (if not curbed),
.. Rear yards setbacks for pripcipal and """""wrv structures on lots that abut nreserves Iball be net the Land
Development Code.
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~ Permitted accessory uses and structures:
a. Customarv accessorv uses and structures. including but not limited to:
i. Covered Darkiml. attached and detached prBl!es.
ii. Recreational facilities includinll but not limited to pools and tennis
~
iii. Equestrian barns and aD1Jurtenances
iv. Water management facilities and lakes
v. One (I) ~est house (as allowed by the Land Development Code) ner
princiDaI structure and two (2) service Quarters supoortine: the Drincipal
structure. The l!Uest house and service quarters combined shall not
exceed 40% of the size of th~ princil>a1 structure. The service quarters
will not be counted as additional density.
vi. Storage facilities
b. Anv other accessorv use which is como arable in nature with the foregoin~
uses and which the Board of Zoning Appeals determines to be compatible in
this district.
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SECTION V
PRESERVE "P' DISTRIcr
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Cocohatchee Bay Community designated on the Amended Master Plan
as the Preserve District.
5.2 GENERAL DESCRIPTION
Areas designated as Preserve on the Amended Master Plan are designed to accommodate
a full range of conservation and limited water management uses and functions. The
primary purpose of the Preserve District is to retain viable naturally functioning wetland
and upland systems, to allow fOf restoration and enhancement of impacted or degraded
wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee
Bay Community residents.
5.3 USES PERMI'ITED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses
1.
Passive parks. passi':e reeRl8B88al &re8S, h8afElwallEs.
! .,
2. BilEiag, hieg, and aatufe RIB.
2. P~sive recreational areas limited to the following:
b Boardwalks
i1. Bicycle paths
ii1. Environmental uses (wetlands and conservation areas)
iv. Flower beds
~ Golf cart paths *
vi. Pathways and/or bridlreS
vii. Handic~ raIllPs
viii. Equestrian uses and trails *
ix. Fitness trails and shelters *
L Hiking and nature trails
xi. Open space drainal!e svstems (reauired for the nermitting of the
project)
xii. Parkin!1lots (in sqWOrt of anv use within this section) *
xiii. Sidewalks *
xiv. Underground drainae:e
AY:. Water parks (fountains)
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xvii.
xviii.
xix.
~
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xxii.
Mill.
xxiv.
xxv.
xxvi.
x~vii.
* Bast of Vanderbilt Drive onlv.
OR: 4368 PG: 2422
Lake (includin2 stmctural bank treatments)
Boat (non-motorized), kavak and canoe docks
Fishing piers
Guardhouses. 2atehouses *
Passive parks. with passive recreational uses subiect to this
section. [Intended to be limited to the definition in the Land
Development Code 1
Gazebos
Picnic areas
Wildlife sanctuary
Recreational shelters. in preserve upland areas only _
Drainasze and water management facilities as may be required
bv SFWMD
Motorized devices required bv physically impaired individuals.
Restroom facilities *
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3. Celf e8ft 1'. ar8 permitteEl iR the pfesenre 8fe&S eatBide the limits af the
IJelEl eagle prtH18tY Z9B8.
4. WiltHHe S&llfiU&l'Y.
5. Pathways &REl Sf hridges.
6. Reereaseaal saeltef8, iR Pres..re 1IplanEl &fe88.
7. DAliaage uEl ".:&tel managefll8ftt faeiliae8 as fIlfty he fellafreEl hy 8PWMD.
3. 3. Any other access~ry use which is comparable in nature with the foregoing
uses and which the Planning Services Department Director determines to
be compatible.
5.4 DEVELOPMENT STANDARDS
A. Setback requirements for all structures shall be in accordance with Seeti8B
3.2.8.~.7.3. af the Collier County Land Development Code, as amended. Any lot
abutting a protected/preserve area shall have a minimum 25 foot setback from the
boundary of such protectedlpreserve area in which no principal structure may be
constructed. Further the plat shall require that no alteration, including accessory
structures, fill placement, grading, plant alteration or removal, or similar activity
shall be permitted within such setback without the prior written consent of the
Development Services Director. In no event shall these activities be permitted
within ten feet of the preserve boundary.
B. Maximum height of stmctures - Twenty-five feet (25').
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C. Minimum distance between principal structures - Ten feet (10').
D. Minimum distance between accessory structures - Five feet (5').
E. Standards for parking. landscaping. signs and other land uses where such
standards are not specified herein are to be in accordance with the Collier
County Land Development Code in effect at the time of Site Development
Plan approval. Unless otherwise indicated, required yards. heights. and
floor area standards apply to principal structures.
5.5 PRESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land
Development Code. SeegeR 3.2.g.~.7.3. for lands included in the Preserve District. In
addition to Collier County, a non-exclusive conservation easement may also be required
by other regulatory agencies with jurisdiction over Preserve District lands. In addition to
complying with provisions of the Collier County Land Development Code, said easement
shall be provided in accordance with the tenns set forth in any applicable permit granted
by other agencies. The 'Developer. its successor(s) or assigns, including the Master
Property Owners' Association shall be responsible for control and maintenance of lands
within the Preserve District.
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SECTION VI
GENERAL DEVEWPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project
6.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans,
fmal subdivision plats, and all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically noted or stated otherwise, the
standards and specifications of the Land Development Code, DiyisieB 3.2.shall apply to
this Project even if the land within the PUD is not to be platted. The Developer, his
successor and assigns, shall be responsible for the commitments outlined in this
document.
The Developer, his successor or assignee, shall follow the Amended Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. ht addition, any successor or assignee in title, is
bound by the commitments within this agreement
6.3 PUD MASTER PLAN - As Amended bv the Settlement A2l"eement and Release
A.
Exhibit "A," the Amended PUD Master Plan, illustrates the proposed
development and is conceptual in nature. Proposed tract, lot or land use
boundaries or special land use boundaries, shall not be construed to be specific
and may be adjusted during the platting or site development plan approval
process. Subject to the provisions ef SeeaeR 2.7.3.5. of the Land Development
Code, PUD amendments may be made from time to time.
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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.
C. The following shall be considered minor changes and refinements, subject to the
limitations of PUD, Section 6.3A:
I. Reconfiguration of preserve areas, jurisdictional wetland limits, and
mitigation features as a result of environmental regulatory agency review,
as long as the changes do not cause additional impacts to protected species
or habitat.
2. Reconfiguration of lakes, ponds, canals, or other water management
facilities where such changes are consistent with the criteria of the South
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OR: 4368 PG: 2425
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Florida Water Management District and Collier County and where there is
no further encroachment into preserve areas.
3. Reconfiguration of golf course envelopes and design features where there
is no encroachment into preserve areas.
4. Internal realignment of rights-of-way other than a relocation of access
points to the PUD.
S. Reconfiguration of residential parcels when there is no encroachment into
preserve areas.
6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET
PROVISION
A. Initiation of construction on the Cocohatchee Bay Project is contemplated in
calendar year 2000 with completion of the golf course and Project infrastructure
anticipated to occur in calendar year 200012001. Marketing of commercial and
residential sites and golf course memberships are to begin in calendar year 2000,
and are expected to be concluded in calendar year 2010.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to
8eeH9ft :J.7.3.Ci.,efthe Collier County Land Development Code.
C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of SeebeR
2.7 .3. ~ af the Land Development Code as modified QY ParaJntPh 7 of the attached
Settlement Al!J'eement and Release.
6.5 POLLING PLACES
Pursuant to SeetieR 2.6.39. af the Land Development Code, provision shall be made for
the futuR: use of space within a common building for the purpose of accommodating the
function of an electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding upon any and all successors in interest that acquire
ownership of such common areas including, but not limited to, condominium
associations, homeowners' associations, that such common .facilities may be used for an
electoral polling place if determined to be necessary by the Supervisor of Elections.
6.6 SUBDIVISION REQUIREMENTS AND STANDARD DFSIGN SUBSTITUTIONS
FROM THE COLI.IER COUNTY LAND DEVELOPMENT CODE lLDC)
A. Sidewalks I bike paths shall conform with SeseeaeR 3.2.8.3.17. ef the LOC.
Due to the environmental issues on this Project impacts are to be minimized.
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B. Private streets shall conform with the right-of-way width requirements of
Sui:Jseetiaa 3.2.8. i. t 6.$. af the Land DevelQl'ment Code bQG except as follows:
t. Cul-de-sacs and local streets less than one thousand feet (1,000') in length
are required to have a minimum fifty foot (50') right-of-way width and
two ten foot (10') wide travel lanes as required by the Land Development
Code SeseeHaa :tJ.g.~.16.S.
2. All other cul-de-sacs are required to have a minimum of fifty foot (50')
right-of-way width and two ten foot (10') wide travel lanes as required by
the Land Development Code S\liJsee89R 3.::U. ~ . Hi.S.
3. Tangents between reverse curves shall not be required under Sabseea6a
3.2.8.4.1fi.19. efthe Land Development Code.
4. Street grades may exceed four percent (4%) under 8a13seea6ft
3.2.8.4.1(;.11. af the Land Development Code provided that applicable
Florida Department of Transportation, Manual of Uniform Minimum
Standards (FOOT MUMS) and AASHTO criteria are met.
5.
LDC EahSeeH9R 3.2.8.3.19.: Pursuant to the Land Development Code.
l!Rte standard that street name markers shall be approved by the
Development Services Director and conform with the Florida Department
of Transportation Federal Highway Administration Manual on Uniform
Traffic Control Devices are waived. The requirements for street pavement
painting, striping and reflective edging of the main road system will be
waived. Traffic circulation signage shall be in conformance with Florida
Depanment of Transportation Federal Highway Administration Manual on
Uniform Traffic Control Devices standards.
(1.
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6. LDC SHBseeaea 3.2.8.4.16.8.: Pursuant to the Land Development Code.
~ minimum back of curb radii for internal roads shall be 30 feet with
the exception of both entrance road intersections which shall be 40 feet
6.7 TRANSPORTATION - For Additional Information. see Settlement Al!reement and
Release
A. The Developer shall provide a fair share contribution toward the capital costs of
any traffic signals necessary at Project accesses when deemed warranted by the
County Engineer. The traffic signals will be designed, installed. owned, operated,
and maintained by Collier County. The Developer shall provide arterial level
street lighting at all Project accesses prior to the issuance of any certificate of
occupancy for a building accessed from a Project entrance.
B. The Developer agrees that Collier County reserves the right to disallow developer
improvements within Vanderbilt Drive, EastlWest Livingston Road. and/or
Wiggins Pass Road rights-of-way if such improvements conflict with or
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OR: 4368 PG: 2427
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negatively impact public roadway, drainage, or utility facilities planned as part of
future four-laning construction.
C. The Developer shall provide additional right-of-way in fee simple title, when
necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way
is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt
Drive as shown on the final four-lane design plans prepared for Collier County by
Johnson Engineering, Inc. Such required right-of-way along each side of
Vanderbilt Drive shall be dedicated and conveyed to Collier County without
consideration for impact fee credits for public roadway, drainage, and public
utility improvements. The right-of-way conveyance shall occur at the time
requested by the County.
D. The Developer shall provide additional right-of-way in fee ,simple title, when
necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and
authorized access points wherein right turn lanes for development purposes are
required or specified. Such additional right-of-way is declared to be
compensating right-of-way and accordingly will not be subject to road impact fee
credits. The final four-lane design plans prepared for Collier County by Johnson
Engineering, Inc. do not show required right-of-way for right turn lanes for this
POO, but the right-of-way shall generally be of a typical width of approximately
15 feel The right-of-way conveyance sha1l occur at the time requested by the
County. :
E.
J :~,
The Developer shall provide the additional 10 feet of right-of-way in fee simple
title, when necessary, along the PUD frontage to Wiggins Pass Road. Additional
right-of-way is required in varying widths on the north side of Wiggins Pass Road
as shown on the final four-lane design plans prepared for Collier County by
Johnson Engineering, Inc. Such required right-of-way along Wiggins Pass Road
shall be dedicated and conveyed to Collier County without consideration for
impact fee credits for public roadway, drainage, and public utility improvements.
The right-of-way conveyance shall occur at the time requested by the County.
,;.
F. The Developer shall provide additional right-of-way in fee simple title, when
necessary, along the PUD's north boundary for future EastlWest Livingston Road
between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the
north of this PUD has dedicated 67.5 feet of right-of-way along its southern
property line for the future EastIWest Livingston Road. 100 feet of right-of-way
along the northern property line for future EastIWest Livingston Road shall be
dedicated to the County. Such required right-of-way shall be dedicated and
conveyed to Collier County for public roadway, drainage, and public utility
improvements. Collier County shall compensate the Developer for the right-of-
way based on professional land appraisals of the fair market value based on its
value prior to approval of the PUD. The right-of.way conveyance shall occur at
the time requested by the county.
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G. The Developer shall design and pay for any required road improvements to
Vanderbilt Drive that will provide access for the Project (this includes turn lanes
and other improvements such as lighting). If these improvements are made prior
to the construction of the County's Vanderbilt Drive four-lane expansion project,
the Developer shall pay the design and construction costs related to access for the
Project for the existing two-lane section of Vanderbilt Drive. Future four-lane
expansion of Vanderbilt Drive shall include the Project's access and shall be
designed and paid for by the County during the construction of Vanderbilt Drive.
If these improvements are made after the construction of the County's Vanderbilt
Drive four-lane expansion project, the Developer shall pay all design and
construction costs related to access for the Project.
H. The Developer shall meet the stormwater attenuation and water quality
requirements for the future EastlWest Livingston Road between Vanderbilt Drive
and US 4 I. The Developer shall be compensated for the stormwater management
commitments at a rate to be determined. The Project shall accept future
stormwater commitments from EastlWest Livingston Road along the Project
property line in the form of water quantity. Water quality will be handled within
the 167.5' right-of-way reservation.
L The Developer shall design noise mitigation/abatement systems in accordance
with the Collier County Land Development Code.
J. In. 1be event .the County four-lane improvements to . Vanderbilt Drive. or Wiggins
Pass Road precedes the development of:this Project's access to Vanderbilt Drive,
the Developer shall bear the full cost forftbe access and appropriate turn lanes.
6.8 UTILITIES
The development of this Amende.!! PUD MasterPlan shall be subject to and governed by
the following conditions:
A. Water distribution, sewage collection and transmission lines to serve the Project
are to be designed, constructed, conveyed, andlor owned and maintained in
accordance with Collier County Ordinance No. 97-17, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
to be constructed will be customers of the County and will be billed by the County
in accordance with the County's established rates.y
C. The on-site water distribution system serving the Project must be connected to the
District's water main and must be consistent with the main sizing requirements
specified in the County's Water Master Plan and extended throughout the Project.
During design of these facilities, the following features shall be incorporated into
the distribution system:
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1. Dead-end mains shall include dead-end flushing hydrants.
2. Stubs for future system interconnection with adjacent properties shall be
provided to the property lines of the Project at locations to be mutually
agreed to by the County and the Developer during the design phase of the
Project.
D. A water distribution system shall be COnstnlcted throughout the project
development by the Developer pursuant to all current requirements of Collier
County and the State of Florida. Water facilities constructed within platted rights-
of-way or within utility easements as set forth in Collier County Ordinance 97-17,
shall be conveyed to the County Water/Sewer District for ownership, operation
and maintenance. All water facilities constnlcted on private property and not
required by the County to be located within utility easements shall be owned,
operated and maintained by the Developer, his assigns or successors.
E. All construction plans and technical . specifications and proposed plats, if
applicable, for the proposed water system must be reviewed and approved prior to
commencement of construction.
F. A sewer distribution system shall be constructed throughout the project
development by the Developer pursuant to all current requirements of Collier
County and the State of Florida. Sewer facilities constructed within platted rights-
of-way or within .utility easements as set forth in CoJIierCountyOrdinance 97-17,
shall be conveyed to the CountyWatet/Sewer. District 'for ownership, operation
and maintenance. All sewer. facilities\:constructed on private property and not
required by the County to be located within utility easements shall be owned,
operated and maintained by the Developer, his assigns or successors.
G. All construction plans and technical specifications and proposed plats, if
applicable. for the proposed sewer system must be reviewed and approved prior to
commencement of construction.
6.9 ENVIRONMENTAL
The development of this Amended PUD Master Plan shall be subject to and governed by
the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by
Current Planning Environmental Staff. Removal of exotic vegetation shall not be
the sole means of mitigation for impacts to Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with
protective covenants per or similar to Section 704.06 of the Florida Statutes.
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Buffers and setbacks shall be in accordance with 3.2.8.4.7.3. efthe Collier County
Land Development Code.
C. Buffers around preserved jurisdictional wetlands shall be in accordance with the
State of Florida Environmental Resource Pennit Rules. Preserved jurisdictional
wetlands and surrounding buffers shall be incorporated in Conservation Areas
which shall be platted.
D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservations areas, shall be submitted
to Current Planning Environmental Staff for review and approval prior to final site
plan/construction plan approval.
E. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish
and Wildlife Service (USFWS)and Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding.potential impacts to protected wildlife species.
Where protected species are observed on site, a Habitat Management Plan for
those protected species shall be submitted to Planning Services Section staff for
review and 'approval prior to final site plan/construction. plan approval. A Bald
Eagle Management Plan and a Gopher Tortoise Management Plan are required for
this site.
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hIty 8IIleRdmeRt te the Bald :8agle Msn&g8lR8Bt Pl8ft eMll fef:t1:Iire re'lie-:: ef die
BRvifeRllleMal M,,'isary Ce1:lReil af aay 88eee88ar hally.
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6.10 ENGINEERING
A. Detailed paving, grading, site drainage and utility plans shall be submitted to
Engineering Review Services for review. No construction pennitsshall be issued
unless and until approval of the. proposed consttuction in accordance with the
submitted plans is granted by the Engineering Review Services.
B. Design and construction of all improvements shall be subject to compliance with
all applicable provisions of the Collier County Land Development Code.
C. The Developer, its successors and assigns, shall be required to satisfy the
requirements of all applicable County ordinances or codes in effect prior to or
concurrent with any subsequent development order relating to this site, including
Site Development Plans and any other application that will result in the issuance
of a fmal or local development order.
6.11 WATERMANAGEMENT
A. An excavation permit shall be required for the proposed lakes in accordance with
Divi8i8R 3.5 af the Land J;)e'JeleplBeRt Cede Collier Countv Code of Laws and
Ordinances and South Florida Water Management District Rules.
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6.12 IDSTORICAL AND ARCHAEOLOGICAL
Pursuant to Seelie& 2.2.2S.&.1. af the Land Development Code. if. during the course of
site clearing, excavation or other construction activity a historic or archaeological artifact
is found, all development within the minimum area necessary to protect the discovery
shall be immediately stopped and the Collier County Code Enforcement Department
contacted.
6.13 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure except that temporary sales buildings, trailers,
marketing facilities, contractors storage and office faciliti,es and the like, may be erected
and utilized during the period of Project development and marketing. Such temporary
buildings shall be removed upon. completion of. the, marketing or constmction activity
which they are accessory to.
6.14 SIGNS
1. General
A. All County sign regulations shall applYiunless such regulations are in
conflict with the conditions set forth in this Section.
B. For the purpose of this PUD Document/Ordinance, each platted parcel
shall be considered a separate parcel of land and shall be entitled to signs
as pennitted herein.
C. Should any of the signs be requested to be placed within the public rights-
of-way, a right-of-way pennit must be applied for and approved.
D. All signs shall be located so as not to cause sight distance problems.
2. Entrance SiBIlS
A. Two (2) signs with a maximum area of 40 square feet each or one (1) sign
with a maximum area of 100 square feet shall be permitted at each
entrance to the Development
B. Entrance signs shall not exceed a height of fifteen (15) feet above the
lowest centerline grade of the nearest public or private right-of-way to the
uppermost portion of the sign stn1cture.
C. Entrance signs may be lighted provided all lights are shielded in a manner
which prevents direct glare into the vision of drivers using the adjacent
streets or going into adjacent residences.
6.8
2/28/08 revision
I
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. 3. PrQject Signs
A. Project signs, designed to promote the Cocohatchee Bay Project, or any
major use within the Project shall be pennitted along the east side of CR
901, the north side of CR 888. the south side of Livingston Road
Extension and on all land tracts within the Cocohatchee Bay PUD limits
subject to the following conditions:
1) Project signs shall not exceed a height of twenty (20) feet above
the finished ground level of the sign site nor may the overall area
of the sign face exceed one hundred (100) square feet.
2) A maximum of four (4) project signs shall be permitted. Two (2)
signs shall be located along the CR 901 frontage; one (1) shall be
located along the Livingston Road Extension frontage, and one (1)
shall be located along the CR 888 frontage.
3) Project signs may be lighted provided all lights are shielded in a
manner which prevents direct glare which would impact the vision
of drivers using the adjacent streets or going into adjacent
residences.
6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Di'/isiea 2.4
af the Collier County Land Development Code in effect at the time of building permit
application.
6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water
management facilities or other water bodies is hereby permitted subject to applicable
sections of the Le88 De...elepHleRt Cede Code of Laws and Ordinances. If it is
demonstrated that fill activities on those buildable portions of the Project site are such
that there is a surplus of earthen material, then its off-site disposal is also hereby
permitted subject to the following conditions:
A. Excavation activities shall comply with the defmition of a "development
excavation" pursuant to Divisiea 3.S e(the LaBa D8":eleplBeRt Cede Code
of Laws and Ordinances whereby off-site removal shall be limited to ten
percent (to a maximum of 20.000 cubic yards) of the total volume
excavated unless a commercial excavation pennit is received.
B. All other provisions of the Code of Laws and Ordinances sma Di.,isieR 3.5
are applicable.
6.9
2/28/08 revision
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Exhibit "A" to Amended Planned Unit Development Document
=-----
COCOHATCHEE BAY
PUD MASTER PLAN
Vanasse
Daylor
__ Um. PI...... Traffic En,..... DATE: 08-29-00 SCALE:
Wtdsape AtdiIron lori_Ill sa.a .
liYiI&;aoe.. ILl" REV: 01-25-08 N.T.S.
;:lI~~:~1IIi." PROJECT NO.: 80441
~ "'8'
f ~l~I1=I'Dl.uI.W6 ACAD NO. 80441-PUD_MP1
OR: 4368 PG: 2434
1. A ,~~i~.
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EXHffiIT B
COCOHATCHEE BAY PUD
AMENDED BALD EAGLE MANAGEMENT PLAN
The foregoing Bald Eagle Management Plan has been coordinated through, and
approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. Fish &
Wildlife Service ("USFWS"), and the Florida Fish & Wildlife Conservation
Commission ("FFWCC,,).1
A. PROJECT DESCRIPTION
The applicant proposed to construct five high-rise condominiums (each 17 to 20
storiesi, a social and fitness center, a golf driving range,3 tennis courts, guest
cottages, parking areas, and storm water management facilities on a 111.3-acre
project site. The applieant also will propose to bmld a 35 slip boat cloak faeility.
Any sueR faeility reqmres :further permittiag by Cellier CO'lIDty and is not
approyed by this Bald Eagle Management Plan. Censtruetion aetivities assoeiated
with the projeet will impaet 1.52 aeres ef fresR water wetlands. Te eempensate
for impaets to 'lletlands, the applieam has proposed te p1:H'ehase mitigation eredits
from an appreyed mitigation banIe To compensate for unavoidable effects to bald
eagles at nest CO-19, and now CO-19A, the applicant propeses to shall purchase
and preserve suitable habitat for nesting bald eagles in, or in the vicinity of,
Collier County, in southwest Florida. The project site is located north of Wiggins
Pass Marina in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East,
Collier County, Florida.
B. TERMS AND CONDITIONS4
1. In the event of project implementations, the entry road, stormwater pond,
parking area, and golf club house areas will be cleared and constructed in
the first non-nesting season (May 16 through September 30). Exterior
construction of the golf club house would also occur in the first non-
nesting season.
2. Land clearing and the initiation of construction of condominium number 1
also would be initiated in the non-nesting season (May 16 through
September 30). However, construction of this 20-story building, which is
1 This section is from the DESCRIPTION OF THE PROPOSED ACTION section in the U.S. Fish &
Wildlife Service's Biological Opinion dated February 27,2004, as amended on February 6 and February
27,2007
2 In accordance with the Cocohatchee Bay Development Standards, buildings #1, #2, #3, and #4 are 20-
stories and building #5 is 17 -stories.
3 Private practice area. Not open to the public.
4 Biological Opinion dated February 27,2004, Page 14, as amended on February 6 and February 27,2007.
OR: 4368 PG: 2435
17A
"'i
anticipated to take about 2 years to complete, would not be limited to the
non-nesting season. The staging area for building number 1 would be at
the future location of building number 3 (Figure 1). Site clearing for the
staging areas would occur in the same non-nesting period.
3. In the second non-nesting season, construction of the remaImng
recreational facilities east of the access road (i.e., fitness facility, social
facility, pool, cottages and tennis areas) would be initiated and exterior
construction completed. These facilities are intended to be operational
upon completion of the 2-year construction phase for condominium
number 1.
4. Land clearing and the initiation of construction of condominium number 2
likely would begin in the next non-nesting season, depending on economic
conditions. The pad for condominium number 3 would again serve as the
staging area for condominium number 2. The permittee agrees the
construction sequence for the remaining condominiums would be
buildings 3, 4 and 5 with the start of construction of these condominiums
initiated only in the non-nesting season(s) (Figure 1). The construction
start dates of these condominiums likely would be in consecutive non-
nesting seasons, but could be delayed based on the economy.
5. The boardwalk connecting condominium numbers 4 and 5 inside 660' of
CO-19A would only be constructed in the uplands in the non-nesting
season after these two units are completed and at the revised location as
shown.
6. In the event the bald eagle pair returns to CO-19 or builds other nests on
property owned by Lodge Abbott Associates, LLC, the permittee agrees to
similarly modify the construction sequence on the remaining buildings to
minimize the adverse effects of the project on nesting bald eagles.
7. The permittee has proposed to preserve an off-site bald eagle nesting
territory as compensation for unavoidable effects to eagle nest CO-19A.
Securing a territory may be in the form of fee simple title or a
conservation easement to be granted to an acceptable third party. The
territory must include sufficient area to accommodate alternate nest trees
in the event that the primary nest tree is lost. The permittee will use best
efforts to locate and secure a territory in Collier County, but reserves the
right to search elsewhere if an acceptable contract cannot be secured in
Collier County.
C. ADDITIONAL TERMS AND CONDITIONS5
5 Amended Biological Opinion dated June 30, 2004 pursuant to a request for letter of technical assistance
from Collier County. Page 4-5, as amended and / or re-stated in the February 6 and 27,2007 Biological
Opinion.
OR: 4368 PG: 2436
17A
,; f '.
The USACE has requested the USFWS to modify the February 17, 2004
biological opinion for the Cocohatchee development based on modifications to
the project proposed by the applicant. The USFWS has reviewed the proposed
project modifications and notes that they will result in the addition of the
following two (2) items to the Terms and Conditions Section of the biological
OpInIOn:
1. The construction of condominiums numbers 2 and 3 can be initiated only
during the non-nesting season (May 16 through September 30) (no earlier
than 2008). However, once initiated, construction activities can carry over
through the nesting season until the construction of each condominium is
completed.
2. The applicant has agreed to purchase and preserve an offsite bald eagle
nesting territory prior to the initiation of construction activities for the
project. Securing a territory may be in the form of fee simple title or a
conservation easement to be granted to an acceptable third party. The
territory must include sufficient area to accommodate alternate nest trees
in the event that the primary nest tree is lost. The applicant will use best
efforts to locate and secure a territory in Collier County, but reserves the
right to search elsewhere if an acceptable contract cannot be secured in
Collier County. Site selection criteria are as follows:
i) Preference will be given to selection of a parcel that presently supports
active nesting by bald eagles, but a parcel that supports suitable habitat for
attracting and supporting nesting bald eagles may also be considered
acceptable.
ii) Preference will be given, but not limited to, selection of a parcel of
suitable habitat that has been selected and ranked as a conservation
priority for preservation by agency process.
iii) Proximity to other conservation lands being managed or identified for
preservation and management, proximity to foraging areas, size, cover
types, and presence of other species of conservation concern will be
considered for selection of a parcel of suitable habitat for nesting bald
eagles.
D. CONSERVATION MEASURE6
Provided the necessary federal, state and local permits are obtained, the applicant
will construct a 50- to 60-foot artificial nest tree on a salt flat approximately 5,000
feet northwest of the existing nest tree CO-19. The applicant shall utilize diligent
efforts to attempt to obtain the necessary federal, state and local permits. The
6 Biological Opinion dated February 27,2004, page 15
OR: 4368 PG: 2437
17A
."
purpose of the artificial nest tree is to ascertain if eagles that are utilizing nest CO-
19 will relocate to the adjacent artificial tree. This specific location was chosen
because it is within the territory of the eagles that nest at CO-19, farther than
1,000 feet from the proposed condominium construction area, well buffered from
other potential conflicting land uses, and will minimize disturbance to wetland
resources. The geotechnical engineer (ASC Geoservices, Incorporated) suggest
that actual fill for the base structure in the salt flat wetland will be limited to a 25-
square foot area, and can be pile driven by a crane from a floating barge. Water
depths are adequate to reach the site, and representatives of the South Florida
Water Management District will accompany the contractor during barging and
tree installation to ensure that environmental damage will be minimized.
The artificial nest tree will use technology developed for monopole cell towers
with artificial bark, limbs and needles matching that of a mature slash pine with a
crotch configuration suitable for construction of a nest by bald eagles. The tree
will be designed to withstand 140 mph winds, be lightning proof and constructed
of non-toxic materials. Examples ofthis technology can be found at manufacturer
websites such as www.naturemakers.com or www.utilitycamo.com. The
applicant also proposes to install a video camera in the nest tree to provide the
residents of Cocohatchee Bay and other interested parties with an opportunity to
monitor eagle nesting behavior. The final designs of the base, the nest tree, and
the camera will be submitted to the Service.
E. CHANGES THAT AFFECT THE ABOVE TERMS AND CONDITIONS
Any revision by the U.S. Army Corp of Engineers (USACE), the U.S. Fish &
Wildlife Service (USFWS), and the Florida Fish & Wildlife Conservation
Commission (FFWCC) that may cause revision of the above described terms and
conditions will not require further amendment of the Cocohatchee PUD or this
Bald Eagle Management Plan. Should the current eagle pair or a second eagle
pair build a new nest within the PUD boundary, any revisions to the above
described terms and conditions required by the agencies listed above shall not
require an amendment to this Bald Eagle Management Plan. The applicant shall
notify the County in writing of any revisions to the above described terms and
conditions approved by the agencies listed above and such revisions shall
automatically become part of this Bald Eagle Management Plan and no further
action to amend this Bald Eagle Management Plan shall be required.
F. PHASING PLAN
In accordance with B & C above, a phasing diagram has been included for
reference. See Attachment 1.
G. REASONABLE AND PRUDENT MEASURES7
7 From Biological Opinion dated February 27,2004, pages 13-14
OR: 4368 PG: 2438
17 A
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1. For the duration of the project, the applicant must take all necessary steps
to minimize the potential for incidental take of bald eagles during each
nesting season. During the construction of the project, the applicant must
make reasonable effort to prolong the integrity of the bald eagle nest tree,
the nest, and the surrounding habitat.
2. Upon the onset of the nesting season each year of construction (October
1), the applicant must initiate monitoring according to Service draft
monitoring guidelines, to detect the presence of bald eagles on the project
site and, if present, any abnormal bald eagle behavior, since site work and
building construction within the primary zone is proposed to occur during
the nesting season. This monitoring consists of 4 hours per morning, for 3
days per week while construction is occurring.
OR: 4368 PG: 2439
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Exhibit 3 to Settlernent Agreement and Release
GOU7
DATE>
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-** OR: 4368 PG: 2441 tt*
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17 A'
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-""\"..... _ PIfOPOSf:O SIDEWALK (to' WIDE MULTI-USE ASPHALT)
SOUTHERN PUD FRONTAGE
ALONG WESTERN VANDE:RBIL T DR.
R/W == 1.692 L.F. +/-..
(to' WIDE SIDEWALK TO BE
CONSTRUCTED/REPLACED)
Exhibit 4 to Settlement Agreement and Release
RitJiict NO:
80447
Vanasse
Daylor
.. U,blUt Planninl rraflit fn:ineeri"l
Landnar! Allnitwutt fnyil.nmtntal JOtnu
'. . ..:-:~ (n!'.~~~."..._.__.._.... fl )61.
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KINSALE CONDOMINIUM
(COCOHATCHEE BAY P.U.D)
PUD RIW FRONTAGE EXHIBIT
Sheet No.1 of 1
_.m
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CocohBtchee Partners, Ltd
800 Laurel Oak Drive, Suite 300
Naples. FL 34108
JCIJJ""
80447--$W09
....... ..".
,. III 1000' _".__,,-!1::J.O-Ql
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17B
To: Clerk to the Board: Please place the following as a:
I:8J Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Deptl Div: Engineering Services, Community Development & Environmental Services
Person: Stephen Higgins
Date: 03/25/2008
Petition No. (If none, give brief description): A VESMT-2007-AR-12562
Petitioner: (Name & Address): Lester Michael Muellor, Habitat of Humanity of Collier County
11145 Tamiami Trail East, Naples FI. J,",II3
Name & Address of any person(s) to be notified by Clerk's Office: (lfmore space is needed, attach separate sheet)
John J. Hilton, PSM - RW A, Inc. 6610 Willow Park Drive, Naples FI34109
Hearing before X BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 20 days before hearing) April 22, 2008
Newspaper(s) to be used: (Complete only if important):
I:8J Naples Daily News
o Other
I:8J Legally Required
Proposed Text: (Include legal description & common location & Size: See Resolution
Companion petition(s), if any & proposed hearing date: nla
Does Petition Fee include advertising cost? 0 Yes I:8J No If Yes, what account should be charged for advertising costs:
131-138327-649100
, "Il!.
'n Chrzanowsliif. P.E.
/ t)
2b (YIA- tp Zl:]g
Date
List Attachments:
Executive Summary -Copy
Resolution with exhibits - Copy
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ~Lr
Date Received:.3 1 D~
Date of Public hearing: ~/f2{ {)<6
t./ LI4 {0'6 r
Date Advertised: '1-7 tal/)8
f
EXECUTIVE SUMMARY
17 B 11'1
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 Petition A VESMT -2007 -AR-12562, to disclaim, renounce and
vacate the County's and the Public's interest in an access easement over, along and
across the north 30 feet and the west 15 feet of the property described in Official Record
Book 4014, Page 0235 of the Public Records of Collier County, Florida being located
within Section 26, Township 48 South, Range 26 East, Collier County Florida being more
specifically shown in Exhibit A.
OBJECTIVE:
To adopt a Resolution to vacate the County's and the Public's interest in an access easement
over, along and across the north 30 feet and the west 15 feet of the property described in
Official Record Book 4014, Page 0235 of the Public Records of Collier County, Florida being
located within Section 26, Township 48 South, Range 26 East, Collier County Florida being
more specifically shown in Exhibit A.
CONSIDERATIONS:
Petition AVESMT-2007-AR-12562 has been received by the Engineering and Environmental
Services Department from Lester Michael Muller, Secretary for Habitat of Humanity of Collier
County. The applicant intends to remove this easement and place a Preserve Area and
conservation easement over this portion of the whole property as part of the development of a
Habitat for Humanity community.
Letters of no objection have been received from applicable divisions/entities.
FISCAL IMPACT:
Engineering and Environmental Services has collected a $1,000 "Petition to Vacate" fee from
the petitioner which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
17 B ~,..; t.~~{~'
, .'~~-
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated legal
documents. -JW
RECOMMENDATIONS:
Adopt the Resolution for Petition AVESMT-2007-AR-12562 to vacate the County's and the
Public's interest in an access easement over, along and across the north 30 feet and the west
15 feet of the property described in Official Record Book 4014, Page 0235 of the Public Records
Collier County, Florida being located within Section 26, Township 48 South, Range 26 East,
Collier County Florida being more specifically shown in Exhibit A.
Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a
certified copy of the Resolution in the Public Records.
PREPARED BY:
Stephen A. Higgins P.S.M., Land Surveyor
Engineering Services Department
171 ~I
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION
AVESMT-2007-AR-12562, DISCLAIMING, RENOUNCING AND
VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN
ACCESS EASEMENT OVER, ALONG AND ACROSS THE NORTH
30 FEET AND THE WEST 15 FEET OF THE PROPERTY
DESCRIBED IN OFFICIAL RECORD BOOK 4014, PAGE 0235 OF
THE PUBLIC RECORDS OF COlliER COUNTY, FLORIDA BEING
LOCATED WITHIN SECTION 26, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY FLORIDA, BEING MORE
SPECIFICALLY SHOWN AND DESCRIBED IN EXHIBIT A.
WHEREAS, pursuant to Section 125.01 and 125.37, Florida Statutes, Petitioner,
Habitat for Humanity of Collier County, has requested the vacation of an access
easement over, along and across the north 30 feet and the west 15 feet of the property
described in Official Record Book 4014, Page 0235 of the Public Records of Collier
County, Florida being located within Section 26, Township 48 South, Range 26 East,
Collier County Florida being more specifically shown in Exhibit A.
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned vacation request, and notice of said public hearing to was given as
required by law; and
WHEREAS, the granting of the vacation request will not adversely affect the
ownership or right of convenient access of the property owners, and will not result in
any detriment to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the
access easement as specifically described in Exhibit A is hereby vacated, extinguished,
renounced and disclaimed, and this action is declared to be in the Public's interest and
for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is
hereby directed to record a certified copy of this Resolution in the Official Records of
Collier County, Florida.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2008.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and legal
SUffjCie~:
By: L~
Jeff E. r ht
Assista oilier County Attorney
By:
TOM HENNING, CHAIRMAN
17 B t_11tI
ttt 3816544 OR: 4014 PG: 0235 t**
UCOOID in OrrICIlL OCODS of COLLIII coum, PI.
04/10/2006 at 08:3811 DIIGB! I. BIOCI, eLl11
COIS "000.00
UC 81 10.00
OOC-.70 "'.00
Propeny Appraiur Parcel'.D. (Folio) Number:
OO193Z80009
W ARRANTV DEED
Retl:
PORTlR IRIGII'f IT AI.
5801 PILIClI BAT BLVD '300
IAPLIS PI. 34108 270'
THIS WARRANTY DEED, daled Mardi 31, 2006 by Do.ald J, Sllcell... . Ii"'c ..... whose post offICe Iddress is:
P.O. Box 7615, Naples FL. 34101 hereinafter called lhe GRANTOR. 10 Habit.1 For H.....Uy ofCoIllcr CO..Iy, lac.
whose posl offi~-e address is II SSO Tamiami Trail E,. Naples. Fl 34113
Hereinafter called the GRANTEE
WITNESSETH, that said Grantor, for II'Id in consideration oflhe sum ofTEN OOllARS ($10.00) and olhcr &ood and
valuable considerations rcc:cipl whereof is hereby ac:knowIed&cd. hereby ...ants, bargains, sells, aliens. remises. releases. conveys 811'
confinns IIIlto the ...anlee, alllhal certain land situate in Collier County, Florida, viz:
Dc Will 1- feci of ~e Sotllll 20% of IlIe NortII ...1_112) of tile SE q..rter (114), clCeptl.. ~e Will 1114.15 fect ~crcef,
aDd tile west 1918.. fect of tbe Nortlt >> fect 01 ~e SotItll ..,f (112) 01 tile Soutbeall quarter (114) Clleep"" tlM Will 1114.15
leet $cnto; al'a StcdOll16, Towaslllp 41 SotItII, RaDle" EI... Coller Co..Iy, Florida, Tl'Mt Nil (I % Acres.Oft or '-).
Subject to aa nee.. CUtmeat oYer alolll .ad aenJIJ tile NortII 30 leet dlcreof a.d tile "at 15 fect tllenof.
AND THE GRANTEE bcrc:by CQvenan
SIGNED IN THE PRESENCE OF THE
Si&natllrc: h
Print N.Dlr G. I. ~UIfI.~
WU.tIJ I'"Q,- ·
Sipa..re:~oZ,~
Prtet Na_ ~~";1it'h f n" z..
WltatIJ
ST.UE Of .'LORIDA I
COUNT\' m- COLLIER I
h.. _" po........ .."".......... .. ~_.... ...._ [&Io~ ,
TilE .'OREGOING INSTRIIMENT w.. atuo"ledged before ae on '3 I 0" by: Do_Id J. SlIcelt.... a1.
ID.D.
~rsoDallY kaoW~ ,,110 bas produced
0Ilda.
Notary Seal
~HJ t1. ~-.. s,k,
1lJ Ncay. PWlIic s.. III FIIIlII
. . Brien Ancn. s...
"-< ~ Z My ~C0444424
...". Fo' ElI(llfII 0l5I2Ir.I008
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E.~~l~\T A
'2./6
LEGAL DESCRIPTION
(VACATION OF A 30' WIDE ACCESS EASEMENT AS RECORDED IN OR 4014 P.G. 0235)
A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF CRYSTAL LAKE RV RESORT PHASE
FOUR, SAID POINT BEING ON THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF
THE SOUTHEAST 1/4 OF SECTION 26 AND BEING THE POINT OF BEGINNING;
THENCE ALONG SAID LINE S.02016'03"E., A DISTANCE OF 30.02 FEET;
THENCE S.89059'26"W., A DISTANCE OF 166.23 FEET;
THENCE N.02017'02"W., A DISTANCE OF 30.02 FEET;
THENCE N.89059'26"E., A DISTANCE OF 166.24 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,986.4 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE SOUTH LINE OF CRYSTAL LAKES RV RESORT PHASE
FOUR AS BEING ASSUMED AS NORTH 89059'26" EAST.
NOT VALID WITHOUT SIGNATURE AND RAISED SEAL OF A PROFESSIONAL
SURVEYOR AND MAPPER
7L2.1/07
TE
i 1'/ ":'"___
'AVESMT-2007-AR-12562 REV: 1
. WOODCREST
Project: 2007080006
Date: I III 6/07 DUE: 12/4/07
,-
SEE SHEET 2 FOR SKETCH
nWTfrnc .em,
CONSULTIh! surveyors & Mappers,
........ y Y.L ..... Planners, Project Maaagcrs
6610 Willow Pork Dri.... Suit.. 200
Naples. F1orldo 34109
(239) 597-0575 (PHONE)
(239) 597-0578 (Fox)
www.con.ult-rwo~com
~7/12/07 CLIENT:
SCALE:
HABITAT FOR HUMANITY
COLLIER COUNTY
DRAWN SY:
LPO
CHECKED IlV:
JJH
SEe: TWP: ROE: PROJECT SHEET 1 2
26 485 26E NUlABER: 030191.00.02 NUlABER: OF
TITLE:
VACATION 30' WIDE ACCESS EASEMENT
FILE
NUlABER:
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SOUTHEAST CORNER OF
CRYSTAL LAKE R
RESORT PHASE FOUR
N 89'59'26" E 166.24' C
N 89'5926 E 165.28 (D)
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S89'S9'26"W
nWTAu.c En~ecn,
CONSULTING Surveyors & Mappcn,
........ ....L ... Planncn, Project Managers
6610 W'~low Pork Drive. Suite 200
Nople.. florida 34-109
(239) 597-0575 (PHONE)
(239) 597-0578 (fax)
www.consult-rwo.com
166.23
JO' "'DE ACCESS EASEMENT
AS RECORDED IN
O.R. 4014 P.G. 0235
TO BE VACA'TEO
1lA7'/05 07 CLIENT:
SCALE:
1"-50'
DRAWN BY:
LPO
CHECKED BY:
JJH
SEe: TWP: ROE: PROJECT
26 4-85 26E NUMBER: 030191.00.02
E'J( Htf>a.T A
als
LEGEND
POC = POINT OF COMENCEMENT
POB = POINT OF BEGINNING
O.R. = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
PGS = PAGES
C = CALCULATED
P = PLAT
HABITAT FOR HUMANITY
COLLIER COUNTY
TITLE:
VACATION 30' WIDE ACCESS EASEMENT
SHEET 2 2
NUMBER: OF
FILE
NUMBER:
030191SK1
k.J
E:X.~I(?IT A
4/5
LEGAL DESCRIPTION
(VACATION OF A 15' WIDE ACCESS EASEMENT AS RECORDED IN O.R. 4014 P.G. 0235)
A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF CRYSTAL lAKE RV RESORT PHASE
FOUR, SAID POINT BEI~G ON THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF
THE SOUTHEAST 1/4 OF SECTION 26; THENCE ALONG THE SOUTH LINE OF SAID PHASE
FOUR S.89059'26"W., A DISTANCE OF 151.23 FEET TO THE POINT OF BEGINNING;
THENCE S.02017'02-E., A DISTANCE OF 300.80 FEET;
THENCE S.89059'17"W., A DISTANCE OF 15.01 FEET;
THENCE N.02017'02"W., A D.3TANCE OF 300.80 FEET;
THENCEN.89059'26-E., A DISTANCE OF 15.01 FEET; TO THE POINT OF BEGINNING.
CONTAINING 4.512 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE SOUTH LINE OF CRYSTAL LAKES RV RESORT PHASE
FOUR AS BEING ASSUMED AS NORTH 89059'26- EAST.
NOT VALID WITHOUT SIGNATURE AND RAISED SEAL OF A PROFESSIONAL
SURVEYOR AND MAPPER
LS# 6278
EYOR AND MAPPER
12-7/01
DTE
/", --
~AVESMT-2007-AR-12562 REV: 1
WOODCREST
Project: 2007080006
Date: 11/16/07 DUE: 12/4/07
SEE SHEET 2 FOR SKETCH
T\~TjINC.
I< 'I'" Enginct'Ts.
CONSUL TIN G Surveyors & !\'fappe.!S,
..IL... W.'~..L ... Planners, Project Managers
8810 Wllo. Pork Drlw, SuIt. 200
NapI.. Florfda 34108
(238) 587-0576 (PHONE)
(238) S87-0II78 (Fax).
....con8UIt-nra.com
CLIENT: HAS ITA T FO R HUMAN ITY
COLLIER COUNTY
LPO
TITLE:
VACATION 15' WIDE ACCESS EASEMENT
~HEC~[O BY:
JJH
SE,;' lWP' RCE: PROJEGr 030191 00 02 SHEEr 1 2 FII E 0301 91 SK2
26' 485 26E NUMBER: .. NUMBER: or NUMBER:
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*** THIS IS NOT A SURVEY
I
POB
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5.0
SOUTHEAST CORNER OF
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RESORT PHASE FOUR
N 89'59'26" E 166.24'(C) POC
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30' W,JE ACCESS EASEMENT
AS RECORDED IN
O.R. 4014 P.G. 0235
TO BE VACATED
1S' WIDE ACCESS EASEMENT
AS RECORDED IN
O.R. 4014 P.G. 0235
TO BE VACATED
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ACREMAKER ROAD
SEE SHEET 1 FOR DESCRIPTION
-r."'I"IT T i lNC
I< 'II I' Lnginccrs,
CONSULTING Survcyon& Mappen:,
.... "- "".L ..... Planners, Project M:magen:
11810 WIllow Park Drhe, Suite 200
NapI-. FklrIda 341011
(238) 587-0575 (PHONE)
(238) 587-0578 (Fax)
....CCII'I..tt-rwa.com
502'16'0.3"E
S 89'59'17" W 165.28'(0) .33.0.3'(C)
S 89'59'17" W 166.16'(C)
cO\:
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7 12 07
CLIENT:
LEGEND
POC =
POB =
O.R. =
PB =
PGS =
C =
P =
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***
EX~lelT A
5/r;
POINT OF COMENCEMENT
POINT OF BEGINNING
OFFICIAL RECORDS BOOK
PLAT BOOK
PAGES
CALCULATED
PLAT
HABITAT FOR HUMANITY
COLLIER COUNTY
15' WIDE ACCESS EASEMENT
""'Err 2 2
NUMO[j-': vi
,'IlE 030191 SK2
NJM8['~:
,,(;,\Cr.
1"-50'
LiI.~"""''N Uf:
TITLE:
VACATION
LPO
CHECKE.D F.Y
JJH
~~' .;~ ~~~ ~~'~OE[~.; 030191.00.02
17B
C]
Owner Name GIAQUINTO, PHILIP M=& KATHLEEN
Addresses 13 OAKWOOD CT
City CEDAR GROVE State NJ Zip 07009 - 1639
O.R.2663-2536
"Folio No. 29582610041
SITE ADDRESS 2138 CRYSTAL LAKE DR
(
it rljc)
~p(J\\);
l\ ~\
Owner Name SNYDER, RONALD SUVER, PAMELA
Addresses 118 S SCIOTO ST
City CIRCLEVILLE State OH Zip 43113 - 1638
O.R.3017-2722
/Folio No. 29582610986
SITE ADDRESS 3185 CRYSTAL LAKE DR
Owner Name GALLAGHER, ANTHONY 0=& JOANNE
Addresses 7560 NW 120TH DR
City PARKLAND State FL Zip 33076 - 4532
p.R. 3092-3060
J'Folio No. 29582610960
SITE ADDRESS 3184 CRYSTAL LAKE DR
Owner Name PRUTER, DONALD E
Addresses PO BOX 67
City PRINCETON State IA Zip 52768 - 0067
O. R. 2206-902
Folio No. 29582610944
J SITE ADDRESS 3183 CRYSTAL LAKE DR
~1{
Owner Name PRUTER, DONALD E
Addresses PO BOX 67
City PRINCETON State IA Zip 52768 - 0067
O.R. 2206-903
Folio No. 29582610928
.J SITE ADDRESS 3182 CRYSTAL LAKE DR
Owner Name SIMON SR TR, WILLIAM E JAMES R
SIMON TR SIMON FAMILY REV TRUST UTD 2/8/07
Addresses PO BOX 510
City NEWPORT State KY Zip 41072-
jO.R.4207-1634
Folio No. 29582610902
SITE ADDRESS 3181 CRYSTAL LAKE DR
Owner Name RIGGINS TR, THOMAS C
THOMAS C RIGGINS REV TRUST UTD 4/15/87
Addresses 281 TIMBER RIDGE LN
City FOUR SEASONS State MO Zip 65049 - 4754
O.R. 3765-3976
J Folio No. 29582610889
SITE ADDRESS 3180 CRYSTAL LAKE DR
Owner Name ADELHELM, PAUL=& SHIRLEY
Addresses 5060 VENTURA CT
City NAPLES State FL Zip 34109 - 3368
,c.R. 3476-277
JFolio No. 29582610863
SITE ADDRESS 3179 CRYSTAL LAKE DR
Owner Name ELLIOTT STONE COMPANY INC
Addresses PO BOX 756
City BEDFORD State IN Zip 47421 - 0756
O.R. 3482-630
/FOliO No. 29582610847
SITE ADDRESS 3178 CRYSTAL LAKE DR
17B
,
~J
Owner Name COOMER, CHARLES L=& BETTY L
Addresses 804 W KYGER ST
City FRANKFORT State IN Zip 46041 - 1039
9<R. 3699-4062
fi"olio No. 29582610821
SITE ADDRESS 3177 CRYSTAL LAKE DR
Owner Name BUTLER TR, SHIRLEY L BUTLER
TR, J T SHIRLEY L BUTLER TRUST UTD 03/19/97
Addresses 7105 BRADDOCK RD
City SPRINGFIELD State VA Zip 22151 - 3016
$2l.R. 2301-3840
/Folio No. 29582610805
SITE ADDRESS 3176 CRYSTAL LAKE DR
Owner Name THOMPSON, JAMES M=& CECELlA J
Addresses 1399 PIERCE BRK
City SMETHPORT State PA Zip 16749 - 5229
,O.R. 2300-66
/ Folio No. 29582610782
SITE ADDRESS 3175 CRYSTAL LAKE DR
Owner Name SIMS, RALPH C ADAMS, SHIRLEY J
Addresses14960 COLLIER BLVD # 3174
City NAPLES State FL Zip 34119 - 7713
;OR 2304-2840
-../ Folio No. 29582610766
SITE ADDRESS 3174 CRYSTAL LAKE DR
Owner Name NUNN TR, HUGH THOMAS JANICE EILEEN
NUNN TR H T AND J E NUNN FML Y TRUST UTD 4/18/01
Addresses 14960 COLLIER BLVD # 3173
City NAPLES State FL Zip 34119 - 7713
10.R. 3753-3088
. Folio No. 29582610740
SITE ADDRESS 3173 CRYSTAL LAKE DR
Owner Name SMITH III, RODERICK SMITH, PATRICIA T
Addresses 14960 COLLIER BLVD # 3172
City NAPLES State FL Zip 34119 - 7713
/0. R. 2300-47
, Folio No. 29582610724
SITE ADDRESS 3172 CRYSTAL LAKE DR
Owner Name BELYEA TR, BRINTON BRINTON
BELYEA REV/L1VrrR UTD 12/6/99
Addresses 92 WATERVIEW DR
City NEWPORT NEWS State VA Zip 23608 - 3129
O.R. 2799-1720
,.jFolio No. 29582610708
SITE ADDRESS 3171 CRYSTAL LAKE DR
Owner Name WHITEAKER, HELEN
T LINDA GRANT SCHNEIDER
Addresses 2027 MORNING SUN LN
City NAPLES State FL Zip 34119 - 3326
Jo.R. 4146-351
Folio No. 29582610685
SITE ADDRESS 3170 CRYSTAL LAKE DR
178 \g~~
Owner Name BRODER, HOWARD=& ELAINE
Addresses 137 RIVEN DELL CT
City MELVILLE State NY Zip 11747 - 5344
,0 R 2298-1538
jFOliO No. 29582610669
SITE ADDRESS 3169 CRYSTAL LAKE DR
Owner Name MARTIN, CARL E=& JUDITH E
Addresses 10313 WEST 850 SOUTH
City KNIGHTSTOWN State IN Zip 46148-
'pR 2532-3124
./Folio No. 29582610643
SITE ADDRESS 3168 CRYSTAL LAKE DR
Owner Name ANDERSON TR, DEANN M
Addresses EDWARD W ANDERSON TR DEANN M
ANDERSONTRUST UTD 5/13/96 5240 OVERHILL DR
City SAGINAW State MI Zip 48609 - 0000
J O.R. 3021-3151
Folio No. 29582611545
SITE ADDRESS 4113 CRYSTAL LAKE DR
Owner Name FRYE, DONALD L=& NANCY E
Addresses 14960 COLLIER BLVD
City NAPLES State FL Zip 34119 - 7713
0.R.2269-1556
J Folio No. 29582611561
SITE ADDRESS 4114 CRYSTAL LAKE DR
Owner Name ADELHEM, PAUL G=& SHIRLEY J
Addresses 5060 VENTURA CT
City NAPLES State FL Zip 34109 - 3368
O.R. 3534-4171
/ Folio No. 29582611587
SITE ADDRESS 4115 CRYSTAL LAKE DR
Owner Name MARCANGELO TR, GERALD M
DIANE MARCANGELO TR DIANE MARCANGELO TRUST
GERALD MARCANGELO TRUST
Addresses 486 COURTESY LN
City DES PLAINES State IL Zip 60018 - 5510
O.R. 3848-3878
VFolio No. 29582611600
SITE ADDRESS 4116 CRYSTAL LAKE DR
Owner Name DUNLAP, THOMAS 0=& CAROLYN M
Addresses 14960 COLLI ER BLVD # 4117
City NAPLES State FL Zip 34119 - 7713
OR 2757-1
-../ Folio No. 29582611626
SITE ADDRESS 4117 CRYSTAL LAKE DR
Owner Name HIEFT JE III TR, EDWARD EDWARD
HIEFT JE III L1V TRUST UTD 9/25/89
Addresses 5204 DELTA RIVER DR
City LANSING State MI Zip 48906 - 9012
jo R 3538-2843
Folio No. 29582611642
SITE ADDRESS 4118 CRYSTAL LAKE DR
Owner Name JAGER, RICHARD A=& DONNA M
Addresses 25925 EMERALD CIR
City MATTAWAN State MI Zip 49071 - 7730
OR 2298-1569
/Folio No. 29582611668
SITE ADDRESS 4119 CRYSTAL LAKE DR
178 \&I~~
Owner Name OSBORN TR, EDWARD
LLOYD MICHAEL EDWARD
OSBORN TR EDWARD L OSBORN REV TRUST UTD 1/29/04
Addresses 1166 GREYSTONE CRST
fiity BIRMINGHAM State AL Zip 35242 - 7004
R 3798-1318
Folio No. 29582611684
SITE ADDRESS 4120 CRYSTAL LAKE DR
Owner Name MC DANIEL, DONALD L
PATRICA J Me DANIEL
Addresses 15519 E 550 NORTH RD
",City GEORGETOWN State IL Zip 61846 - 6095
O.R. 3217-3247
Folio No. 29582611707
SITE ADDRESS 4121 CRYSTAL LAKE DR
Owner Name PANDER TR,
RAYMOND C RAYMOND C PANDER
L1VffR PANDER TR, PAULA J PAULA J PANDER L1V TR 2/21/01
Addresses PO BOX 488
City BOLIVAR State OH Zip 44612 - 0488
p.R. 3217-3247
..j Folio No. 29582611723
SITE ADDRESS 4122 CRYSTAL LAKE DR
Owner Name BUTLER, CYNTHIA L
Addresses 5204 BRADWOOD ST
City SPRINGFIELD State VA Zip 22151 - 3521
'p.R. 2517-1502
v'Folio No. 29582611749
SITE ADDRESS 4123 CRYSTAL LAKE DR
Owner Name PANDER TR, RAYMOND
C PAULA J PANDER TR
RAYMOND C LANDER L1V TRUST
PAULA J PANDER L1V TRUST
Addresses PO BOX 488
City BOLIVAR State OH Zip 44612 - 0488
O.R. 3751-3294
Folio No. 29582611765
ITE ADDRESS 4124 CRYSTAL LAKE DR
Owner Name CRYSTAL LAKE JOINT VENTURE
Addresses 3000 IMMOKALEE RD STE J
. /City NAPLES State FL Zip 34110 - 1444
V Folio No. 29582609502
Owner Name CRYSTAL LAKE JOINT VENTURE
Addresses 3000 IMMOKALEE RD STE J
City NAPLES State FL Zip 34110 - 1444
VFolio No. 29582609609
Owner Name CRYSTAL LAKE JOINT VENTURE
Addresses 3000 IMMOKALEE RD STE J
j City NAPLES State FL Zip 34110 - 1444
Folio No. 29582609256
17B
Owner Name BAKER EST, JAMES L
Addresses STEVE BAKER 1770 ACREMAKER RD
City NAPLES
State F L
Zip 34120 - 3911
f).R.2109-787
V Folio No. 00192840000
SITE ADDRESS 1770 ACREMAKER RD
Owner Name B & G PROPERTIES LLC
Addresses 835 CASSENA RD
City NAPLES
State FL
Zip 34108 - 3304
O.R. 3567-335
j Folio No. 00193320008
SITE ADDRESS 1767 ACREMAKER RD
Owner Name EQUITY TRUST COMPANY
Addresses DANIEL LEAMAN IRA TRUST 5637 WHISPERWOOD BLVD APT 601
City NAPLES
State F
Zip 34110 - 3311
jO.R.3771-2365
Folio No. 00193120004
NO SITE ADDRESS
Owner Name KANTAINIS, STANLEY=& LANETTE S
Addresses 1776 ACREMAKER RD
City NAPLES
State FL
Zip 34120 - 3911
OR 1539-723
,j Folio No. 00192680008
SITE ADDRESS 1776 ACREMAKER RD
Owner Name CASTRO, LUIS=& MARIA M
Addresses 1780 ACREMAKER RD
City NAPLES State
FL Zip 34120 - 3911
Zip 33928 - 3691
OR 1357-285
/ Folio No. 00193160006
SITE ADDRESS 1780 ACREMAKER RD
Owner Name GONZALEZ, ELIZABETH
Addresses 20498 LUETTICH LN
City ESTERO
State FL
Zip 33928 - 3691
O.R. 4017-3563
../ Folio No. 00193800007
SITE ADDRESS 1800 ACREMAKER RD
Owner Name CHENSOFF, GARY V
Addresses CALUSA PINES GOLF CLUB LLC 33 N DEARBORN ST STE 1610
City CHICAGO
State I L
Zip 60602 - 4076
O.R. 2831-2284
~FOliO No. 00192640006
NO SITE ADDRESS
17B
CALUSA PINES GOLF CLUB LLC
Addresses: 33 N DEARBORN ST STE 1610
City CHICAGO
State IL
Zip 60602 - 4076
O.R. 3982-1994
{,/fOlio No. 00190800000
NO SITE ADDRESS
CALUSA PINES GOLF CLUB LLC
Addresses: 33 N DEARBORN ST STE 1610
City CHICAGO
State IL
Zip 60602 - 4076
oy. 2726 - 1729
0olio No. 00190320001
NO SITE ADDRESS
WATERWAYS JOINT VENTURE V
Addresses: 15122 SUMMIT PLACE CIR
City NAPLES
State FL
Zip 34119 - 4107
.9.R. 3944-799
/Folio No. 00192200006
NO SITE ADDRESS
178
March 27, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: A VESMT 2007-AR-12562
Dear Legals:
Please advertise the above referenced notice on Sunday, April 6, 2008 and
again on Sunday, April 13, 2008. Kindly send the Affidavit of Publication, in
duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
Account No. 131-138327-649100
178
"'1"'"
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,...... ,.'.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, April 22,
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 COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2007-AR-12562,
DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE
PUBLIC'S INTEREST IN AN ACCESS EASEMENT OVER, ALONG AND
ACROSS THE NORTH 30 FEET AND THE WEST 15 FEET OF THE PROPERTY
DESCRIBED IN OFFICIAL RECORD BOOK 4014, PAGE 0235 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING LOCATED
WITHIN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE SPECIFICALLY SHOWN AND DESCRIBED
IN EXHIBIT A.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
17B
34112, (239)252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
..,j"
iPf1 '. 1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
.'~!-et)~ty of Cd~lier
\.-- '- \
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAM lAM I ~MIL EAST
P.O. BO~ 413044\
NAPLES, FLORIDA1'~101-30f4
.'
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Lester Michael Muellor
Habitat of Humanity of Collier County
11145 Tamiami Trail East
Naples, FL 34113
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~.ti-
Martha Vergara, ~
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Emai 1- collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
,
:eowlty of Cbllier
\~_.-. -', "
CLERK OF THE CIl{CU.~T COURT
COLLIER COUNTY <tOURT . OUSE
I
3301 TAMTAMI 1(~IL E~ST
P.O. BOt: 413044\
NAPLES, FLORIDA\:f4l 0 1-30~4
*,
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
John J. Hilton
PSM - RW A, Inc.
6610 Willow Park Drive
Naples, FL 34109
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.cIerk.collier.fl.us
Fax- (239) 775-2755
Email-colliercIerk@cIerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'. ' ", " ("\
:-eOlipty of C'oUier
~-_.-. I
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY ~OURT'OUSE
3301 TAMIAMI ~~AIL EAST
P.O. BO~ 413044\
NAPLES, FLORIDA'l11 0 1-30~4
*:
17B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27,2008
Philip M. & Kathleen Giaquinto
13 Oakwood Ct.
Cedar Grove, NJ 07009-1639
Folio#: 29582610041
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Encl osure
Phone- (239) 732-2646
Website- www.clerk.collier.f1.us
Fax- (239) 775-2755
Email- collierclerk(Q)clerk.collier.f1.us
March 27,2008
'') ,. 1.__.. --'_...._,__ ". _ ("'~1 .
j~t)tl11ty of CaUter
'.......,., I
CLERK OF THE CIRCUF COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI ~~AIL EA'ST
P.O. BO~ 413044\
NAPLES, FLORIDA \-l4JOI-30~4
*1
/'
17B
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Ronald Suver & Pamela Snyder
118 S. Scioto St.
Circleville, OR 43113-1638
Folio#: 29582610986
Re: Petition A VESMT-2007-AR-t2562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, Aprilt3, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk(iV.c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
. -
'I , ,._ _ .' '. -) .
'-eou,ptyof Co~her
t.,' ,
CLERK OF THE CI~CU~T COURT
COLLIER COUNTY ~OURT~OUSE
3301 T AMI AMI ~AIL EAST
P.O. BOj( 413044\
NAPLES, FLORIDA 1;t101-30~4
*'
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27,2008
Anthony & Joanne Gallagher
7560 NW 120th Dr.
Parkland, FL 33076-4532
Folio#: 29582610960
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
Fax-(239) 775-2755
EmaiI -collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
,
;eou.nty of Cdllier
\~-- -', 'I.
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY ~OUR!'OUSE
3301 TAMIAMI lZMIL EAST
P.O. BO~ 413044\.
NAPLES, FLORIDA'tll01-30~4
.'
l7B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Simon Family Rev Trust
P.O. Box 510
Newport, KY 41072
Folio#:295826l0902
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13,2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
". '. ("I
!'t:oWlty,pf Collier
\.' .... ,
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI 1(~AIL EAST
P.O. BOt: 413044\,
NAPLES, FLORIDA {1101-30~4
*" '
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Thomas C. Riggins Rev Trust
281 Timber Ridge Ln.
Four Seasons, MO 65049-4754
Folio#:29582610889
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Web site- www,c1erk.collier.fl.us
Fax- (239) 775-2755
Email- collierclerk(ii)c1erk.collier.fl.us
March 27,2008
1 .l.__..,.____..~____...__ ", ("~-T
;-eo~ty()f CdVier
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI ~lV\IL EA.sT
P.O. BOt 413044\
NAPLES, FLORIDA"{1101-30~4
"* f:
'I
178
~ ,
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Paul & Shirley Adelhelm
5060 Ventura Ct.
Naples, FL 34109-3368
Folio#:29582610863
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
Martha Vergara,
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk(iV.clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
:eouety ()f CiQ\l,lier
CLERK OF THE CIRCU,~T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI1{~IL EAST
P.O. BO~ 413044\,
NAPLES, FLORIDA '~10l-30~4
*
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Elliott Stone Company Inc
p , .
,0. Box 756
Bedford, IN 47421-0756
Folio#: 59582610847
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.c1erk.collier.ft.us
Fax- (239) 775-2755
Emai 1- collierclerk(ii),c1erk.collier .ft.us
Dwight E. Brock
Clerk of Courts
')~ty\)f Collier
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMT l\MIL EJ\'$T
P.O. BO~ 413044\
NAPLES, FLORTDA\l41O 1-30~4
.'
178
.. 'l.
." i
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Charles & Betty Coomer
804 W Kyger St.
Frankfort, IN 46041-1039
Folio#: 29582610821
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Web site- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(Q)clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
. ;-eoWlty ofC:O'Uier
\i-_.', I
CLERK OF THE C[RCUfT COURT
COLLIER COUNTY ~OURT'OUSE
3301 TAMIAMI 1(~IL EA$T
P.O. BOt 413044\
'.
NAPLES, FLORIDA '1\~101-30~4
*
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27,2008
Shirley L. Butler Trust
7105 Braddock Rd.
Springfield, VA 22151-3016
Folio#: 29582610805
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerkCiV.c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
:'Couery 9fC:O:~lier
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY ~OURT~OUSE
330 I T AMIAMI lt~IL EAST
P.O. BO~ 413044\
NAPLES. FLORIDA'~41 0 1-30~4
*1'
1
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
James M. & Cecelia J. Thompson
1399 Pierce Brk.
Smethport, PA 16749-5229
Folio#:29582610782
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Web site- www.clerk.collier.tl.us
Fax- (239) 775-2755
Email-collierclerk(ilJ.clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
\, . (..'-1
e-ol:lfl ty <? f C''o'lli er
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI ~RAIL EAST
P.O. BOX 413044\.
NAPLES, FLORIDA\~4101-30~4
.'
17B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Ralph C. & Shirley J. Sims
14960 Collier Blvd. #3174
Naples, FL 34119-7713
Folio#:2952610766
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April!3, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
/L....y
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
W ebsi te- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk(Q)clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
i-eO~ty \?f CJVier
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI T(lV\IL EA$T
P.O. BO~ 413044\
NAPLES, FLORIDA\l~101-30~4
*
17B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
HT & JE Nunn Family Trust
14960 Collier Blvd. #3173
Naples, FL 34119-7713
Folio#: 29582610740
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
?JtdL
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(tV.c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
i-enlillty pf Collier
l_', I
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI1(~IL EA.ST
P.O. BO~ 413044\
NAPLES, FLORlDA\l4101-30~4
k'
~
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Roderick & Patricia Smith III
14960 Collier Blvd. #3172
Naples, FL 34119-7713
Folio#:29582610724
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.f1.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.f1.us
Dwight E. Brock
Clerk of Courts
;eONfl'ty of CdUier
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY ~OURT~OUSE
330 I T AMIAMI l\~AIL EAST
P.O. BO~ 413044\
NAPLES, FLORIDA'l11 0 1-30~4
*
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Belyea TR, Brinton Brinton
92 Waterview Dr.
NewportNews,PA 23608-3129
Folio#:29582610708
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.t1.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.t1.us
Dwight E.Brock
Clerk of Courts
:-eoupty of Collier
1:-.. ,
CLERK OF THE CI~CU1T COURT
COLLIER COUNTY q:OURT~OUSE
3301 TAMIAMIl\~AIL EAST
P.O. BO~ 413044\,
NAPLES, FLORIDA \l11 0 l-30~4
*i
17B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27,2008
Howard & Elame Broder
137 Rivendell Ct.
Melville, NY 11747-5344
Folio#: 29582610669
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~1f~
Deputy Clerk
Enclosure
Phone- (239) 732-2646
We bsite- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(Q)c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
, ~
. i't:bup.ty of C1dUier
\;". I
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI ~RAIL EAST
P.O. BO~ 4 13 044 \.
NAPLES, FLORIDA{1IOI-30~4
*,
178-1--
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27,2008
Carl & Judith Martin
10313 West 850 South
Knightstown, IN 46148
Folio#: 29582610643
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www,c1erk.collier.ft.us
Fax-(239) 775-2755
Emai 1- colJierclerk(il)c1erk.collier .ft.us
Dwight E. Brock
Clerk of Courts
;-eouPty ()f Co~lier
\,;.. "., l
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY Q:OURT'OUSE
330 I T AMIAMI ~MIL EAST
P.O. BO~ 413044\,
NAPLES, FLORIDA 'l4101-30~4
.'
17B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Deann M. Anderson Trust
5240 Overhill Dr.
Saginaw, MI 48609-0000
Folio#:29582611545
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.colIier.t1.us
Fax- (239) 775-2755
Email-colIierclerk(iil.c1erk.colIier.t1.us
Dwight E. Brock
Clerk of Courts
";-enunty of C::o"l,l ier
\~-" "
CLERK OF THE CJRCU1T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI ~~AIL EAST
P.O. BO~ 413044\
NAPLES, FLORIDA'lj 1 0 1-30~4
.
178
~ :.'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Donald & Nancy Frye
14960 Collier Blvd.
Naples, FL 34119-7713
Folio#: 29582611561
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.ft.us
Fax- (239) 775-2755
Emai 1- coIlierclerk(il)clerk.collier .ft.us
Dwight E. Brock
Clerk of Courts
'eOW1ty of CblUier
I" , ,
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY [OURT80USE
330] TAM1AMI TRAIL EAST
. ,
P.O. BOX 413044'
NAPLES, FLORIDA'3'410]-3044
'.
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Paul & Shirley Adelhem
5060 Ventura Ct.
Naples, FL 34109-3368
Fo1io#: 29582611587
Re: Petition A VESMT -2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.cIerkcolJier.fl.us
Fax- (239) 775-2755
Email-colliercIcrk(tilcIerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
t.." \
~~uPty ()fCio'Uier
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI 1t~IL EAST
P.O. BO~ 413044\'
NAPLES, FLORIDA'r41 0 1-30~4
.'
178'\
, ~,
'\ i .
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Gerald & Diane Marcangelo Trust
486 Courtesy Ln.
Des Plaines, IL 60018-5510
Folio#:29582611600
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.n.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.n.us
Dwight E. Brock
Clerk of Coulis
:,eOWlty of C:dllier
\. ' " ,
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY crOURT8oUSE
3301 TAMIAMI l'RATL EAsT
"
P.O. BOX 413044,
NAPLES, FLORTDA'4:;t101-3044
*
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Thomas & Carolyn Dunlap
14960 Collier Blvd #4117
Naples, FL 34119-7713
Fo1io#: 29582611626
Re: Petition A VESMT -2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
~/~
Enclosure
Phone- (239) 732-2646
Website- www.c1erkcollier.ft.us
Fax- 775-2755
Emai 1- collierclerk(tlJ,c1erk.collier .ft.us
Dwight E. Brock
Clerk of Courts
'I-eOu.pty C?f Cdl,lier
CLERK OF THE CI~CU~T COURT
COLLIER COUNTY crOURT~OUSE
3301 TAMIAMr l\~IL EA$T
P.O. BO~ 413044':-
NAPLES, FLORIDA'l1101-30~4
*
17B
~\
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Edward Hieft JE III Trust
5204 Delta River Dr.
Lansing, MI 48906-9012
Folio#: 29582611642
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(ii).clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
LebRpty ()f C1dVier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY ~OURT~OUSE
3301 T AMIAMIl(~AIL EAST
P.O. BO~ 413044~
NAPLES, FLORTDA'l4101-30~4
*
178
, ~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27,2008
Richard & Donna Jager
25925 Emerald Cir
Mattawan, MI 49071-7730
Folio#:29582611668
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~.~
Martha Vergara, /
Deputy Clerk
Enclosure
, . - .. ,. '~'~"~__~_"'_h*""."."_..._~~._.____,, .~<_~-...<_."_,.________,,_
Phone- (239) 732-2646
Website- www.clerk.colJier.t1.us
Fax-(239) 775-2755
Email-colJierclerk@clerk.colJier.t1.us
Dwight E. Brock
Clerk of Courts
;~bup.ty pf C:~'Uier
,~_w- '., 'I
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY d:OURT~OUSE
3301 TAMJAMI T(~IL EAST
P.O. BO~ 413044\
NAPLES, FLORIDA'l41 0 1-30~4
*
17B~~'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Edward L. Osborn Rev. Trust
1166 Greystone erst.
Bmningham, AL 35242-7004
Folio#:2958261684
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(cV.clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
;eounty pfCidUier
\L. / .... '
CLERK OF THE CIRCUlT COURT
COLLIER COUNTY ~OURT~OUSE
330 I T AMIAMI ~~IL EAST
P.O. BOX 413044\
NAPLES, FLORIDA'1'1I 0 1-30~4
*'.
17B
e"~ f'
i
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Donald L. & Patrica McDaniel
15519 E 550 North Rd
Georgetown, IL 61846-6095
Folio#: 29582611707
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
?kcL
Martha Vergara,
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.c1erk.colIier.fl.us
Fax-(239) 775-2755
Email-colIierclerk@c1erk.collier.fl.us
~ . "-~'."__""'__""H_,_..,._____.~.,~.._.._._._m__",_~".,___,..-."_
Dwight E. Brock
Clerk of Courts
:eoNpty of C'dUier
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI 1\R,AIL EAST
P.O. BO~ 413044\
NAPLES, FLORIDA\l4101-30fJ4
*:
178
;,l
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Raymond & Paula Pander Liv Trust
P.O. Box 488
Bolivar,OH 44612-0488
Folio#: 29582611723 &
Folio#:29582611765
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13,2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email- collierclerk(tV,clerk.collier .fl. us
Dwight E. Brock
Clerk of Courts
:eoopty~fCdVier
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI ~AIL EAST
P.O. BO~ 4l3044'~
NAPLES, FLORIDA\~~101-30~4
*'
17B~~.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Crystal Lake Joint Venture
3000 Immokalee Rd., Suite J
Naples, FL 34110-1444
Folio#: 29582609502 &
Folio#:29582609609
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.cIerk.collier.fl.us
Fax- (239) 775-2755
Email-colliercIerkCtilcIerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
!~buPtY?f Co'lier
CLERK OF THE CIRCUF COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMJAMJ lZRAIL EAST
P.O. BO~ 413044\
NAPLES, FLORIDA\~110] -30~4
*:
178
" "
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Cynthia L. Butler
5204 Bradwood St.
Springfield, VA 22151-3521
Folio#:29582611749
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
?JilL
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
Fax-(239) 775-2755
Email- collierclerk(tl)c1erk.collier .fl. us
Dwight E. Brock
Clerk of Courts
:~oup'ty of C::oVier
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY Q:OURTF$OUSE
330 I T AMI AMI l(RAlL EAST
P.O. BO~ 413044,\
NAPLES, FLORIDA14101-30~4
*'
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Donald E. Pruter
P.O. Box 67
Princeton, IA 52768-0067
Folio#: 29582610944 &
Folio#:29582610928
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~tLx.~
Martha Vergara, U
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.coIlier.J1.us
Fax- (239) 775-2755
Email-coIlierclerk(iV.c1erk.collier.J1.us
DwightE. Brock
Clerk of Courts
:enw1ty of C:dUier
CLERK OF THE CIRCUtT COURT
COLLIER COUNTY ~OURT~OUSE
330 I T AMIAMI l\~IL EAST
P.O. BO~ 413044'\.
NAPLES, FLORIDA'3::.t 1 0 1-30~4
'. ,I
178
. ,..~
I
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Helen Whiteaker
T Linda Grant Schneider
2027 Morning Sun Ln.
Naples, FL 34119-3326
Folio#:29582610685
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.t1.us
"-----...
Fax-(239) 775-2755
Email-collierclerk(iV.c1erk.collier.t1.us
Dwight E. Brock
Clerk of Courts
;-eOMty of Cio\Uier
\~",.. - -', I
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY ~OURT~OUSE
330 I T AMIAMI l\MIL EA$T
P.O. BO~ 413044\.
NAPLES, FLORIDA \~~IOl-30~4
.'
17B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Waterways Joint Venture V
15122 Summit Place Circle
Naples, FL 34119-4107
Folio#:00192200006
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.coIlier.fl.us
Fax- (239) 775-2755
Email- coIlierclerk(tl),c1erk.coJlier .ft.us
Dwight E. Brock
Clerk of Courts
;'eOWlty of C!Q'Uier
\;, - "
CLERK OF THE CI~CU~T COURT
COLLIER COUNTY ([OURT~OUSE
3301 TAMTAMT l(RATL EAST
P.O. BO~ 413044'\
NAPLES, FLORIDA'141 0 1-30~4
*
17B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Gary Chensoff
Calusa Pines Golf Club, LLC
33 N Dearborn S1., Suite 1610 -
Chicago,IL 60602-4076
Folio#: 00192640006
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.c1erk.coJlier.t1.us
Fax-(239) 775-2755
Emai 1- coJlierclerk@c1erk.coJlier.t1.us
.... ------
Dwight E. Brock
Clerk of Courts
I.. .... ("___'}
;..:ebl:i,Ilty pf Collier
1;...., ,
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY ~OURT'OUSE
3301 T AMTAMr ~~IL EAST
P.O. BOX 413044\
NAPLES. FLORroA\l~lOl-30~4
.'
17B'\"~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Elizabeth Gonzalez
20498 Luettich Ln.
Estero, FL 33928-3691
Folio#:00193800007
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.ft.us
Fax- (239) 775-2755
Email-collierclerk(iV.c1erk.collier.ft.us
Dwight E. Brock
Clerk of Courts
:ecmnty pf C:O'Uier
\;- ", '.
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY Q:OURT~OUSE
3301 TAMIAMI T>~AIL EAST
P.O. BO~ 413044::.
NAPLES, FLORJDA\:f~101-30ft.4
*.
1781"'-
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27,2008
Calusa Pines Golf Club, LLC
33 N Dearborn St., Suite 1610
Chicago,IL 60602-4076
Folio#: 00190800000 &
Folio#: 00190320001
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
EmaiI -colIierclerk(iV.clerk.collier.fl.us
Dwigbt E. Brock
Clerk of Courts
"enWltyof C:o~lier
1:;---. ,
CLERK OF THE CI~CU~T COURT
COLLIER COUNTY [OURTROUSE
3301 TAMIAMI ~MIL EAST
P.O. BO~ 413044\"
NAPLES, FLORIDA \~4101-30~4
*'
17B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Luis & Maria Castro
1780 Acremaker Rd.
Naples, FL 34120-3911
FoIio#:00193160006
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
We bsi te- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(iV.clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
:eoW1ty ofCbllier
t.__"o I
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY Q:OURT~OUSE
3301 TAMIAMI T(RAIL EAST
P.O. BO~ 413044\
NAPLES, FLORIDA \.f~101-30~4
*
I7B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
B & G Properties LLC
835 Cassena Rd.
Naples, FL 34108-3304
Folio#:00193320008
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.c1erk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerkCillclerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
. :-e~ty 0 rC'aVier
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI 1\~AIL EAST
P.O. BO~ 413044\
NAPLES, FLORIDA1~ 10 1-30~4
*'
1'7B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27,2008
James L. Baker Est.
1770 Acremaker Rd.
Naples, FL 34120-3911
Fo1io#: 00192840000
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April!3, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.c1erk.coIlier.fl.us
Fax- (239) 775-2755
Email-coIlierclerk(tV.c1erk.coIlier.fl.us
Dwight E. Brock
Clerk of Courts
:~o~ty ofCidUier
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI ~~AIL EAST
P.O. BOt: 413044\
NAPLES, FLORIDA\{4101-30~4
*:
J
March 27, 2008
Stanley & Lanette Kantainis
1776 Acremaker Rd.
Naples, FL 34120-3911
FoIio#: 00192680008
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
17B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
~----~-_-..-
Fax- (239) 775-2755
Emai1-collierclerk(ii)c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
ieoupty ()f Co(Uier
\1---, ',_ ,
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY <tOURT~OUSE
330 I T AMIAMIlZRAIL EAST
P.O. BOt: 413044\
NAPLES, FLORIDA \~101-30~4
*,
1~7B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Crystal Lake Joint Venture
3000 Immokalee Rd., Suite J
Naples, FL 34110-1444
Folio#: 29582609256
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.c1erk.collier.fl.us
Fax-(239) 775-2755
Email- collierclerk(ti),c1erk.collier .ft.us
March 27, 2008
;-eollpty of Ciollier
CLERK OF THE CIRCUtT COURT
COLLIER COUNTY <tOURT~OUSE
3301 TAMIAMI 'l(R,AIL EA$T
P.O. BO~ 413044'\
NAPLES, FLORIDA\l~101-30~4
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Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Equity Trust Company
Daniel Leaman IRA Trust
5637 Whisperwood Blvd. Apt. 601
Naples, FL 34110-3311
Folio#: 00193120004
Re: Petition A VESMT-2007-AR-12562
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008 and
again on the following Sunday, April!3, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.f1.us
Fax-(239) 775-2755
Emai1-collierclerk(iV.c1erk.collier.ft.us
Martha S. Vergara
178
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Friday, March 28, 2008 9:59 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT443677.txt; AVESMT-2007-AR-12562
I~
~
f:-:-~l
L..:-J
ATT443677.txt AVESMT-2007-AR-1
(231 B) 2562
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Friday, March 28, 200812:10 PM
To: Martha S. Vergara
Subject: RE: AVESMT-2007-AR-12562
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Friday, March 28, 2008 9:59 AM
Posted To: Legals - NON
Conversation: A VESMT - 2007 -AR -12562
Subject: AVESMT-2007-AR-12562
Hi Pam
Here is an ad for you .. I have a few
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
3/28/2008
Page 1 of 1
11:8 '1\ )1
Th.Th,
NAPLES DAILY NEWS
Published Dail~
Naples. FL 3-+ 102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned the~ ser\'e as the authority. personally
appeared IL~jlmQ. \1 ho on oath say s that they
sene as the Assistant Corporate Secreta!) of the Naples Daily.
a daily newspaper published at Naples. in Collier County.
Florida: distributed in Collier ilnd Lee counties of Florida: that
the attached copy of the ad\ertising. being a
EUBLLC NOJjCE
in thc matter of PUBLIC NOTICE
\\as published in said newspaper I time in the issue
On AQril (,1". 2008
,\iliant /lllth~r S<l\' that th~ said j\;apJ~s Daily '\ews is a newspap~r
Published at Naples, in cui lieI' county, Florida and that the Said
newspaper has herctuj()re been continuousl" puhlished in said Collier
County. Florida: distributed in Collier and ] .~e eounlies uf Florida.
~ach day and has heen entered as second class mail matter at the post
onie~ in :\aples. in said Colli~r County, Florida. telr a period of]
year nexl precedlflg the first puhlication ()fth~ attached cop" of
ad\'ertisemenL and amant /l,rther says that he has neither paid nor
promised any persoll, llrm or corporation any discount renate,
eommisslOn or r~/lJlld J,)r the purpose of s~euril1g thiS advertisement for
::"i":j:" . -
( Signature of affiant)
S\\orn to and subscribcd before me
This (1'''. Day Of April 2()08
{2 //
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Expires July 18, 2011
Bonded Thru Truv Fain InAu~1lN> aM jet ';JG1e
1;78
Page 1 of 1
17 B \,~....
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Wednesday, April 16, 2008 3:25 PM
To: Martha S. Vergara
Subject: RE: AVESMT-2007-AR-12562
Yes, it will run the 18th. I'm so sorry, but they won't give credit for something that wasn't billed in the first place. I
usually am very careful on these, but guess I must have been interrupted or something. I apologize for the
inconvenience this has caused.
Pam
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Wednesday, April 16, 2008 3:01 PM
To: Perrell, Pam
Subject: RE: AVESMT-2007-AR-12562
Hi Pam,
Just confirming our phone conversation regarding the second run of ad AVESMT-2007-AR-12562 at 2:35 pm.
Please confirm the second run of this ad will run in NDN on April 18, 2008.
Our supervisor would like to know if we can receive a partial or a full credit for the ad not running on April 13,
2008.
Thanks,
Martha
From: Perrell, Pam [mailto: PPerrell@Naplesnews.com]
Sent: Friday, March 28, 2008 12:10 PM
To: Martha S. Vergara
Subject: RE: AVESMT-2007-AR-12562
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Friday, March 28, 2008 9:59 AM
Posted To: Legals - NDN
Conversation: AVESMT-2007-AR-12562
Subject: AVESMT-2007-AR-12562
Hi Pam
Here is an ad for you.. I have a few
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
4/16/2008
17 B \~ ~\ ~ ;~
EXECUTIVE SUMMARY
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 Petition AVESMT-2007-AR-12562, to disclaim, renounce and
vacate the County's and the Public's interest in an access easement over, along and
across the north 30 feet and the west 15 feet of the property described in Official Record
Book 4014, Page 0235 of the Public Records of Collier County, Florida being located
within Section 26, Township 48 South, Range 26 East, Collier County Florida being more
specifically shown in Exhibit A.
OBJECTIVE:
To adopt a Resolution to vacate the County's and the Public's interest in an access easement
over, along and across the north 30 feet and the west 15 feet of the property described in
Official Record Book 4014, Page 0235 of the Public Records of Collier County, Florida being
located within Section 26, Township 48 South, Range 26 East, Collier County Florida being
more specifically shown in Exhibit A.
CONSIDERATIONS:
Petition AVESMT-2007-AR-12562 has been received by the Engineering and Environmental
Services Department from Lester Michael Muller, Secretary for Habitat of Humanity of Collier
County. The applicant intends to remove this easement and place a Preserve Area and
conservation easement over this portion of the whole property as part of the development of a
Habitat for Humanity community.
Letters of no objection have been received from applicable divisions/entities.
FISCAL IMPACT:
Engineering and Environmental Services has collected a $1,000 "Petition to Vacate" fee from
the petitioner which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
119"jl \
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated legal
documents. -JW
RECOMMENDATIONS:
Adopt the Resolution for Petition AVESMT-2007-AR-12562 to vacate the County's and the
Public's interest in an access easement over, along and across the north 30 feet and the west
15 feet of the property described in Official Record Book 4014, Page 0235 of the Public Records
Collier County, Florida being located within Section 26, Township 48 South, Range 26 East,
Collier County Florida being more specifically shown in Exhibit A.
Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a
certified copy of the Resolution in the Public Records.
PREPARED BY:
Stephen A. Higgins P.S.M., Land Surveyor
Engineering Services Department
RESOLUTION NO. 08- 113
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION
AVESMT-2007-AR-12562, DISCLAIMING, RENOUNCING AND
VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN
ACCESS EASEMENT OVER, ALONG AND ACROSS THE NORTH
30 FEET AND THE WEST 15 FEET OF THE PROPERTY
DESCRIBED IN OFFICIAL RECORD BOOK 4014, PAGE 0235 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING
LOCATED WITHIN SECTION 26, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY FLORIDA, BEING MORE
SPECIFICALLY SHOWN AND DESCRIBED IN EXHIBIT A.
WHEREAS, pursuant to Section 125.01 and 125.37, Florida Statutes, Petitioner,
Habitat for Humanity of Collier County, has requested the vacation of an access
easement over, along and across the north 30 feet and the west 15 feet of the property
described in Official Record Book 4014, Page 0235 of the Public Records of Collier
County, Florida being located within Section 26, Township 48 South, Range 26 East,
Collier County Florida being more specifically shown in Exhibit A.
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned vacation request, and notice of said public hearing to was given as
required by law; and
WHEREAS, the granting of the vacation request will not adversely affect the
ownership or right of convenient access of the property owners, and will not result in
any detriment to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the
access easement as specifically described in Exhibit A is hereby vacated, extinguished,
renounced and disclaimed, and this action is declared to be in the Public's interest and
for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is
hereby directed to record a certified copy of this Resolution in the Official Records of
Collier County, Florida.
This Resolution adopted after motion, second and majority vote favoring same,
this ;)~nd dayof ~, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
By:
TOM HENNING, CHAIRMAN
Approved as to form and legal
sufficien :
ltem# ~
Agenda t.(/~,J D'lI
Date ~
By:
Jeff E. r ht
Assista allier County Attorney
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Propeny Appraiser Par,dlD (Folio) Number:
00193280009
*** 3816544 OR: 4014 PG: 0235 ***
RBCORDBD in OFPICIAL RBCORDS of COLLIBR COURTY, PL
04/10/2006 at 08:38AM DWIGHT I. BROCI, CLIRK
CaRS 98000.00
RBC PII 10.00
DOC-.70 686.00
WARRANTY DEED
Retn:
PORTIR WRIGHT BT AL
5801 PBLICAN BAY BLVD #300
NAPLBS PL 34108 2709
11\j
THiS WARRANTY DEED, dated March 31, 2006 by Donald J. Sheeban,a single man. whose post office address is:
PO Box 7615, Naples FL 34101 heremalkr called the GRANTOR, to Habitat For Humanity of Collier County, Ine.
whose post office address is 11550 Tamiami Trail E, Naples, FL 34113
Heremafier called the GRANTEE
WITNESSETH, that said Grantor, for and in consideration of the sum of TEN OOLLARS (S I 000) and other good and
valuable considerations receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms Wlto the grantee, all that certain land situate in Collier COWlty, Florida, viz:
Tbe West 1980 feel of the Soutb 20% of the Nortb half(ll2) of Ihe SE quarter (1/4), excepting Ihe West 1814.85 f<<llIlereof,
aod the west 1980.00 feet of tbe Nortb 33 feet of tbe Soutb half (112) of the Soutbeast quarter (1/4) eneptiog tbe West 1814.85
leet tllereto; all io Sectioo 16. TowDsllip 48 Soutb, Range 26 East. Collier CoUOIy. Florida, Tract Nil (1'1. Acres more or less).
Subjecl to ao access easement ovtr along and across Ihe North 30 feel tbereof aDd Ihe wailS feel thereof.
Grantor hereby warrants that the propeny described in this Instrument is not his constitutional homestead as provided by the Florida
Constitution ThiS is a vacantlo\. ,..__...._
SlrBJECT TO covenants, condItions, restrictions, r~~/~;~:i~~~"~, agreement of record, if any taxes and
assessments for the year 2006 and subsequent >/je;~ pplicable zonin i . d / or restrictions and prohibitions
imposed by governmental authorities, if any, t , : . -, \
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TOGETHER wllh all the tenements medic~ents~~enaJIEC2.~~~RnglRg or' an~se appenalDlRg.
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TO IIA VE AND TO HOLD. the same 111/ fee si.lplc forever "\ ~ \ ~ \
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AND THE GRANTEE hereby covenan With lUd T~ e ~t a v no ,J~~~NTOR IS lawfully seized of
said land ID fee Simple, that the GRANT R h g an la ful to se an con s d land, that the GRANTOR
hereby fully warrants the title to said Ian ~ Ids I t lawfu ai 0 sons whomsoever
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IN WITNESS WHEREOF. GRANTOR '" ..i ned and sealed tbese PrtSe~he d7e 1r,,''rf!iIabove.
SIGNED IN THE PRESENCE OF THE rf!f.. ING WITNESSES: 1~"J. : (~/
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ST,HE OF FlORIDA
COlINT\' OF COLLIER
by: Donald J. Sheehan. I siDlle
I 1m a notary public of tbe state of Florida aDd my commission npires:
TilE "'OREGOING INSTRllMENT was acknowledged before me on 3
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EXHIBIT
A Y5
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'2/5
LEGAL DESCRIPTION
(VACATION OF A 30' WIDE ACCESS EASEMENT AS RECORDED IN OR. 4014 P.G. 0235)
A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF CRYSTAL LAKE RV RESORT PHASE
FOUR, SAID POINT BEING ON THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF
THE SOUTHEAST 1/4 OF SECTION 26 AND BEING THE POINT OF BEGINNING;
THENCE ALONG SAID LINE S.02016'03"E., A DISTANCE OF 30.02 FEET;
THENCE S.89059'26"W., A DISTANCE OF 166.23 FEET;
THENCE N.02017'02"W., A DISTANCE OF 30.02 FEET;
THENCE N.89059'26"E., A DISTANCE OF 166.24 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,986.4 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE SOUTH LINE OF CRYSTAL LAKES RV RESORT PHASE
FOUR AS BEING ASSUMED AS NORTH 89059'26" EAST.
NOT VALID WITHOUT SIGNATURE AND RAISED SEAL OF A PROFESSIONAL
SURVEYOR AND MAPPER
7jZ7/07
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EYOR AND MAPPER
A VESMT-2007-AR-12562 REV:]
WOODCREST
Project: 2007080006
Date: 11/] 6/07 DUE: 12/4/07
SEE SHEET 2 FOR SKETCH
nw T Amc. En~eers,
CONSULTING Surveyors & Mappers,
......... W W..L ..IL Planners, Project Managers
6610 Willow Pork Drive, Suite 200
Naples, Florida 34109
(239) 597-0575 (PHONE)
(239) 597-0578 (Fax)
www.consult-rwo.com
0A7/12/07 CLIENT:
SCALE:
HABITAT FOR HUMANITY
COLLIER COUNTY
DRAWN BY:
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TITLE:
VACATION 30' WIDE ACCESS EASEMENT
CHECKED BY:
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SEC: TWP: RGE: PROJECT SHEET 1 2 FILE 0301 91 SK 1
26 4BS 26E NUMBER: 030191.00.02 NUMBER: OF NUMBER:
*** THIS IS NOT A SURVEY ***
1fi
SOUTHEAST CORNER OF
CRYSTAL LAKE R~
RESORT PHASE FOUR POB
N 89'59'26" E 166.24' C
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AS RECORDED IN
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TO BE VACATED
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POINT OF COMENCEMENT
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ACREMAKER ROAD
SEE SHEET 1 FOR DESCRIPTION
nw T Ame. En~eers,
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6610 Willow Pork Drive, Suite 200
Naples. Florida 34109
(239) 597-0575 (PHONE)
(239) 597-0578 (Fox)
www.consult-rwa.com
DA7/05/07 CLIENT:
SCALE:
1"=50'
HABITAT FOR HUMANITY
COLLIER COUNTY
DRAWN BY:
LPO
CHECKED BY:
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TITLE:
VACATION 30' WIDE ACCESS EASEMENT
SEe: TWP: ROE: PROJECT
26 485 26E NUMBER: 030191.00.02
SHEET 2 2
NUMBER: OF
FILE 030191 SK1
NUMBER:
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EKI-\IBIT A
4/&5
LEGAL DESCRIPTION
(VACATION OF A 15' WIDE ACCESS EASEMENT AS RECORDED IN O.R. 4014 P.G. 0235)
A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH. RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF CRYSTAL LAKE RV RESORT PHASE
FOUR, SAID POINT BEING ON THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF
THE SOUTHEAST 1/4 OF SECTION 26; THENCE ALONG THE SOUTH LINE OF SAID PHASE
FOUR S.89059'26"W., A DISTANCE OF 151.23 FEET TO THE POINT OF BEGINNING;
THENCE S.02017'02"E., A DISTANCE OF 300.80 FEET;
THENCE S.89059'17"W., A DISTANCE OF 15.01 FEET;
THENCE N.02017'02"W., A Di3TANCE OF 300.80 FEET;
THENCE N.89059'26"E., A DISTANCE OF 15.01 FEET; TO THE POINT OF BEGINNING.
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CONTAINING 4,512 SQUARE FEET, MORE OR LESS.
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SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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BEARINGS ARE BASED ON THE SOUTH LINE OF CRYSTAL LAKES RV RESORT PHASE
FOUR AS BEING ASSUMED AS NORTH 89059'26" EAST.
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NOT VALID WITHOUT SIGNATURE AND RAISED SEAL OF A PROFESSIONAL
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A VESMT-2007-AR-12562 REV: 1
WOODCREST
Project: 2007080006
Date: 11/16/07 DUE: 1214/07
SEE SHEET 2 FOR SKETCH
T\T1T T ! lNC.
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C(JNSTJLTING Surveyors & Mappers,
..IL... Y Y..L .... Planners. Project Managers
6610 Wlllo.. Parle DrlYllI. SuIte 200
Napl.... Florida 34109
(239) 597-0575 (PHONE)
(239) 597-0578 (Fax)
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D~7/09/07 CLIENT:
N A
HABITAT FOR HUMANITY
COLLIER COUNTY
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ORA',.VI": BY:
LPO
TITLE:
VACATION 15' WIDE ACCESS EASEMENT
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JJH
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*** THIS IS NOT A SURVEY
SOUTHEAST CORNER OF
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RESORT PHASE FOUR
N 89'59'26" E 166.24'(C) POC
N 89'59'26" E 165.28' D
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AS RECORDED IN
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TO BE VACATED
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502'16'03"E
5 89'59'17" W 165.28'(D) 33.03'(C)
S 89'59'17" W 166.16'(C)
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EXl-lIBIT A
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POINT OF COMENCEMENT
POINT OF BEGINNING
OF~C~L RECORDS BOOK
PLAT BOOK
PAGES
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HABITAT FOR HUMANITY
COLLIER COUNTY
15' WIDE ACCESS EASEMENT
030191SK2
030191.00.02 ,.,<.., 2
N U 1'/ 2 :::~.
2
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P . 0 . BOX 413 044
NAPLES, FLORIDA 34101-3044
Dwight E. Brock
Clerk
ORIGINAL
OFFICIAL RECEIPT
When Validated
BY: TONI B
DEPUTY CLERK
RECE I PT : 544 6 2 6 6
DESCRIPTION
----------------------------- ----------
----------------------------- ----------
AMOUNT
NAME :
PAYOR:
REFNC:
PUBLIC UTILITIES/PETER L
WOODWARD PIRES ET AL
TB: 1 DOCUMENTS
RECORDING OF LEGAL INSTRUMENT
P.R.M.T.F. RECORDING FEE
STATE CLERK OF COURTS TRUST F
INDEXING
DOCUMENTARY STAMPS - 70
DOCUMENTARY STAMPS - 35
INTANGIBLE TAX SALES
COPIES
MISCELLANEOUS FEES
INTANGIBLE PENALTY
INTANGIBLE INTEREST
DEPOSIT ACCOUNTS
REFUNDS
DOC TYP
AGRM
FILE ID BOOK PAGE
4157575 4353 2550
DEPT:
RECORDING
TOTAL DUE:
Page 01 of 01
1.1~'
'\
61.00
8.00
60.00
129.00
INTERCPPICB
~TH F100R
4157575 OR: 4353 PG: 2550
~EC0RDED lD the OFFICIA~ RECORDS or COLLIER COUNTY, FL
04/25/2008 at 02:14PM DWIGHT E. BROCK. CLERK
REC FEE
129.00
Re:r:'
CLERK TO THE BOARD
EXT '240
AGREEMENT FOR DELIVERY AND REUSE OF
IRRIGATION QUALITY (IQ) WATER
THIS AGREEMENT is made and entered into this J J. h C\ day of () Dr II 2008, by and
between PELICAN MARSH COMMUNITY DEVELOPMENT DISTltCT (hereinafter
referred to as "PMCDD") representing the individual accounts located within the PMCDD and
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY W A TER-
SEWER DISTRICT, (hereinafter referred to as "District").
17~
WHEREAS, the District is desirous of obtaining for its customer base long-term treated
wastewater emuent and/or supplemental water resources (herein referred to as "IQ water")
provided to the PMCDD by the District: and
WHEREAS, PMCDD is desirous of obtaining from the District IQ water as a long term
resource for approved uses located only upon the seven hundred fifty-seven and 95/1 00 (757.95)
acres described in Exhibit "A", with the exception of the Ashton Gardens and St. Croix
developments, who maintain separate agreements, and the Pelican Marsh, Tiburon and Bay
Colony Golf Courses, attached hereto (hereinafter referred to as "Property").
NOW, THEREFORE, the parties agree as follows:
1. PURPOSE. PMCDD has requested that the District provide available IQ water to
individual end-user service accounts located within the Property.
2. PRESSURIZED AND DISTRIBUTED SYSTEM. The District agrees to provide to
PMCDD'S individual end-user service accounts IQ Water pressurized via the pump station
located at 1505 Pelican Marsh Blvd., operating at a setpoint pressure of 80 (plus or minus 5
psi). The District reserves the right to discontinue service for the remainder of the week if
PMCDD'S individual end-users use of IQ Water exceeds I" per acre of the Property per
week. For the purposes of this paragraph a week shall commence at I 2:00 am Sunday and
end at 11 :59 am on the following Sunday. The District may increase the setpoint pressure if
additional pressure is needed to meet the demands of PMCDD'S individual end-users use of
IQ Water up to 1" per acre of the Property per week. The District may alter setpoint pressure
as allowed by the Collier County Water-Sewer District Irrigation Quality Water Policy and
such other governmental regulations as from time to time become effecti ve, or their
successors in function.
3. The parties acknowledge that there can be additional meters, additional users or units
added in the future. Should the addition of additional users or units after the effective date of
this agreement result in the PMCDD reasonably desiring additional pressure downstream of
said pump station with advance approval from the District, which approval shall not be
unreasonably withheld, PMCDD will pay all costs associated with the initial design, building
and construction of a booster or additional pump station and other equipment as needed for
that purpose. In said event, any such booster or additional pumps, once completed, will be
inspected for compliance with existing utility standards and if compliant with regulations in
,f3Jt
OR: 4353 PG: 2551
17~
effect at the time of inspection, accepted by, and conveyed to the District, and thereafter, the
cost of maintenance and replacement shall be borne by the District
4.25 YEAR AGREEMENT WITH REVIEW EVERY FIVE YEARS. This Agreement is for
a 25-year term from the Agreement's effective date. At the end of each five (5) year period,
and within approximately ninety (90) days before the end of each successive five (5) year
period thereafter, this Ab'Teement shall be amended and revised to reflect all of the terms and
provisions then being incorporated in like agreements by the District for delivery and use of
IQ water. Subsequent to the initial twenty-five (25) year term of this Ab'Teement, this
Agreement shall automatically be renewed for only successive five (5) year periods, unless
terminated by either party as provided for herein.
5. QUALITY AND USE OF IQ WATER. The IQ water shall be supplemental water
resources and/or wastewater effluent that has been treated for irrigation use to the standards
now and hereafter required by the Florida Department of Environmental Protection. PMCDD
shall accept the IQ water delivered by the District and use it within the PMCDD always in
full compliance with then applicable local, state and federal rules and regulations. Except for
normal and customary irrigation use IQ water may incidentally be sprayed into the lakes,
ponds, ditches and sloughs within the PMCDD. IQ water shall not be discharged into the
surface waters of the State of Florida without written authorization from the South Florida
Water Management District and the Department of Environmental Protection, as applicable.
District shall take reasonable precautions, including signs, labeling and color-coding to
prevent confusion between IQ water and other water sources.
6. POINT OF DELIVERY DEFINED.
A. The point of delivery of IQ water shall be where the IQ water passes from individual end-
use account meters located within the PMCDD. The District shall own, operate and maintain
the IQ water distribution system, which consists of the pump station located at 1505 Pelican
Marsh Boulevard and related lake storage facility, any booster stations once installed, the IQ
water transmission and distribution lines, the end-use account meters and any other IQ water
meters, and any and all appurtenances thereto, and the District shall be deemed to be in
possession and control of the IQ water therein only upstream of each point of delivery. "Point
of delivery" is used as singular or plural, as the context requires.
B. The District acknowledges that it is the owner of the IQ water distribution system
previously conveyed to it, as depicted on the attached Exhibit "B", and further acknowledges
and agrees that it will accept the conveyance of the balance of the existing IQ water
distribution system depicted on the attached Exhibit HC" provided that conveyance is
effectuated by utility easements and warranty bills of sale in form and content acceptable to
the District conveying free and unencumbered easement and ownership rights. PMCDD
shall provide, at PMCDD's expense, copies of all surveys, maps, and sketches in PMCDD'S
possession or control, and legal descriptions and opinions of title required by District in
furtherance of proper conveyance. I f subsequent amendments or corrections to the foregoing
conveyances are reasonably required, PMCDD shall provide same at their expense.
2
Jbt3
OR: 4353 PG: 2552
C. The facilities and improvements described in 5.A and 5.B above are hereinafter referred 17 \\
to as the "IQ Facilities".
7. DISTRICT RESPONSIBILITIES. Except to the extent, if any, clearly and expressly
specitied in the Special Provisions ParabTfaph in this Agreement to the contrary, the District
shall be responsible for the operation, maintenance, design, construction, permitting,
financing of all costs and operation of the IQ Facilities. The District shall own, operate and
maintain the IQ Facilities, and shall be deemed to be in possession and control of the IQ
water therein. The District shall bear all costs of operation and maintenance of the IQ
Facilities.
8. STANDARD OF MAINTENANCE. District shall maintain all IQ water distribution
facilities at current and then existing standards equal to the maintenance standards for
comparable utility facilities maintained by the District. The District shall have the right to
enter upon the Property to correct any maintenance deticiencies.
9. RATE TO BE CHARGED FOR IQ WATER. For having available and/or furnishing the
IQ water and maintaining the IQ water system, the District shall charge the individual
accounts located within the PMCDD the published prevailing rates and charges.
10. RATE CHANGES. The District reserves its rights to from time-to-time decrease or
increase the IQ water rate subject to providing at least thirty (30) days prior written notice of
such change to the individual accounts located within the PMCDD. Any increase in the IQ
water rate shall only arise from the District's increase in costs representing production,
treatment and delivery of IQ water or as the result of a rate study or Ordinance that
determines that an increase in the IQ water rate is required to finance the costs of production,
treatment and delivery of IQ water. Any rate increase shall be the same increase or rate
change to similarly situated users. The intent and purpose is to supply the subject IQ water to
the individual accounts located within the PMCDD that is then being charged to other
similarly situated users, the same being other users that are then in the same rate class as the
individual accounts within PMCDD.
II. BILLING. Subject to the terms and conditions of this Agreement, the DISTRICT shall
invoice the individual end user service accounts located within the PMCDD for services on a
monthly basis in accordance with billing cycle meter readings, calculated charges and other
applicable service fees. The invoice shall include, the billing period of service, the amount of
IQ water service tlows tor each billing cycle, the total dollar and cents amount of the invoice,
the amount of any credit applicable to said invoice whether by payment or otherwise, contact
telephone number for questions regarding the invoice. The individual accounts located
within the PMCDD shall deliver payment to the District in full based upon the invoice
amount by the due date of the invoice from the DISTRICT. If payment is not received by the
District by the due date on the invoice, individual accounts located within the PMCDD may
be liable tor the payment of any penalties on the outstanding balance as established trom
time to time by the DISTRICT, which penalty charges being the same as those applied to all
other customers of the DISTRICT as established by County Ordinance or Resolution. The
charging of penalties shall not extend the due date for any payment and any failure to pay
3
.9frt3
may be considered a default under the terms of this A61feement as to the non-paying
individual customer. As specified by Collier County Ordinance No. 2001-73, as amended,
the subject lQ water service from the DISTRICT to the individual accounts will be
discontinued when delinquent for non-payment of bills.
OR: 4353 PG: 2553
\1~
12. UNPAID FEES ARE A STATUTORY LIEN. The PMCDD will inform the individual
accounts located within the PMCDD that in the event the fees, rates or charges of the
facilities and services provided for under this Agreement shall not be paid (become
delinquent) by the individual end user service account, any unpaid balance and all interest
accruing thereon shall be a lien on the affected property pursuant to Chapter 153, Part II,
Florida Statutes, as amended, and pursuant to the Special Act that pertains to the District,
which is now Chapter 2003-353, Laws of Florida.
13. PMCDD EMERGENCY SITUATIONS. In the event of an emergency, as defined below,
the individual accounts located within the PMCDD, or the PMCDD, shall notify any of those
District representatives set forth herein and request that pumping of IQ water temporarily
cease. Such notice shall be in writing where circumstances permit and, in the event of an
immediate emergency, such notice may be by telephone with subsequent written
confirmation. Emergencies shall include, but, not limited to:
(a) Weather conditions such as hurricanes, floods or unseasonably excessive rainfall that
makes it impossible for the individual accounts located within PMCDD to accept IQ
water.
(b) Short term equipment or material failure, making it impossible for the District to deliver
the IQ water.
(c) An act of God that makes it impossible for PMCDD end users to accept the IQ water.
14. NOTIFICA nON OF DISTRICT. Those representatives of District who shall be notified
in the event of an emergency are:
Collier County North Wastewater Reclamation Facility
10500 Goodlette Road
Naples, Florida 34109
(239) 252-5355
Collier County Irrigation Quality Water Manager
4370 Mercantile Avenue
Naples, Florida 34104
(239) 825-0403
Collier County Wastewater Director
10500 Goodlette Rd.
Naples, Florida 34109
(239) 289-9685
4
fp6
OR: 4353 PG: 2554
17~
Collier County Public Utilities Administrator
~oo I Tamiami Trail, East
Naples, Florida 34112
(239) 252-2540
15. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER IQ WATER. The individual
accounts located within the PMCDD shall not hold the District liable for failure to deliver IQ
water if a reasonable situation [not caused or created by the actions or inactions of the
District] preventing such delivery exists. Such situations shall include, but not be limited to:
(a) A lack of IQ water due to a loss or lack of tlow to or trom the treatment plant or due to
process failure.
(b) Non-compliant conditions of the IQ water making it unusable for approved uses.
(c) Equipment or material failure in the IQ water delivery system, including storage and
pumpmg.
(d) An act of God that makes delivery of reclaimed water by the District not reasonably feasible
or impossible.
(e) Other plant upsets caused by mechanical or a biological process that would prevent delivery
of IQ water to the system.
16. NOTIFICATION OF PMCDD AND PROVIDER. The representative of PMCDD and
Provider who shall be notitied in the event of an emergency or District's inability to deliver
IQ water is:
PMCDD:
Pelican Marsh Community Development District
A TTN: Director of Operations
985 Pelican Marsh Blvd.
Naples, FL 34108
(239) 592-5181
PROVIDER:
Collier County Water Sewer District
A TTN: Irrigation Quality Water Manager
4370 Mercantile Ave.
Naples, FL 34104
(239) 252-4287
If and when emergency situations occur, the District shall try to notify PMCDD by telephone
and try to promptly tollow up with a letter stating the nature of the emergency and the
anticipated duration.
5
iJ1l
OR: 4353 PG: 2555
\1~
17. WRITTEN NOTICE OF ADDRESS AND TELEPHONE CHANGES REQUIRED.
PMCDD may change the above mailing address and/or phone numbers at any time upon giving
the Collier County Irrigation Quality Manager notification by U.S. Mail. The District may
change the above mailing address and/or phone numbers at any time upon giving the President or
Property Manager of the PMCDD notification by U.S. Mail.
18. EXCUSE FOR PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during
the term of this Agreement, local, state or federal governments or agencies shall fail to issue
necessary permits, grant necessary approvals, or shall require any change in the operation of the
treatment, transmission and distribution systems or the application and use of lQ water, then to
the extent that such requirements shall affect the ability of any party to perform any of the terms
of this Ab'Teement, then the affected party shall be excused from the performance thereof and the
parties hereto in conformity with such permits, approvals, or requirements shall negotiate a new
agreement, if possible. However, nothing shall require PMCDD or District to accept any new
agreement if it substantially adds to its burdens and obligations hereunder.
19. PMCDD'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The
PMCDD shall have the right to terminate this Agreement if the District continually fails to
deliver IQ water subject to the exemptions specified in Paragraph 14 hereinabove. The PMCDD
shall have the right to sell, transfer or encumber the land areas owned by PMCDD irrigated with
the IQ water as described in Exhibit A, except that written notice of any proposed sale, transfer,
and/or change of name must be given to the District, as provided for herein, at least thirty (30)
days prior to sale or transfer.
20. DISTRICT'S RIGHT TO TERMINATION. The District shall have the right to terminate this
Ab'Teement if the PMCDD no longer accepts IQ water under the conditions described herein, or
the PMCDD is or reasonably appears to be illegally using or disposing the IQ water, or if the
PMCDD fails to pay PMCDD's delinquent fees, rates or charges for the services and facilities
billed to PMCDD under this Agreement, or if any other event beyond the control of the District
prevents performance. If the Property is annexed into a municipal corporation or is incorporated
as a municipal corporation, District shall have the unilateral right to substitute potable water in
lieu of IQ water (if such potable water is then available or can be made available to serve the
PMCDD), and if such potable water is not then available or cannot be made available, the
District may unilaterally terminate this Agreement upon giving PMCDD at least three hundred
and sixty-five (365) days advanced written notice of such intent to terminate.
21. TIME OF TERMINATION. Whenever practical, substitution of potable water or termination
on the part of either party (including based upon annexation or incorporation pursuant to the last
sentence in Paragraph 19, above) shall not occur before one hundred eighty (I 80) days after the
terminating party has notified the other party in writing, except in the instance where PMCDD is,
or reasonably appears to be, irresponsibly or illegally disposing of or using the IQ water.
22. ACCESS. The District shall the right, but not the duty, to enter upon the Property of the
PMCDD to review and inspect the practices of PMCDD with respect to conditions agreed herein
and/or to maintain, repair, replace, relocate or otherwise deal with the IQ Facilities. Such entry
shall also be for the purpose of review of the operation of the IQ Facilities for inspection of
6
~
OR: 4353 PG: 2556 11 ~
distribution mains and appurtenances, and fi.lr sampling at any monitoring well located on the
property of the PMCDD. PMCDD may have a representative accompany the District's
personnel.
23. INDEMMIFICATION. PMCDD acknowledges that the IQ water, due to its chemical
composition, may not be compatible for irrigation on certain susceptible vegetation. To the
extent authorized by law, PMCDD agrees that District shall not be liable for damages that may
occur to vegetation or for any other damages that may occur due to the use or acceptance of the
IQ water that meets the quality standards specified in Paragraph 4.
24. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Ab'Teement is solely for the
benefit of the formal parties hereto, and their successors in interest, and no right or cause of
action shall accrue upon or by reason hereof: to or for the benefit of any third party not a party
hereto.
25. SEVERABILITY. If any court finds any part of this Ab'Teement invalid or unenforceable,
such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights
and obligations of the parties contained therein are not materially prejudiced and if the intentions
of the parties can continue to be affected. To that end, this Agreement is declared severable.
26. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either
granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of
land use zoning approvals, permissions, variances, special exceptions or any other rights with
respect to the real property in the approved uses area.
27. APPLICABLE LAW. This Agreement and the proVISIOns contained herein shall be
construed, controlled and interpreted according to the laws of the State of Florida, all then
applicable provisions of the Florida Administrative Code, and the then current Collier County
Reclaimed Water Ordinance, Collier County Water-Sewer District Irrigation Quality Water
Policy and such other governmental regulations as from time to time become effective, or their
successors in function.
28. RECORDATION. This Agreement shall be recorded In the Public Records of Collier
County, Florida at the expense of PMCDD.
29. ASSIGNMENT. Assignment or transfer of the PMCDD's rights or obligations under this
Agreement is prohibited without prior written consent of the District. Any attempt by PMCDD to
assign or otherwise transfer this Agreement from off of the Property shall be null and void (void
ab initio).
30. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and
assIgns.
31. ENTIRE AGREEMENT. This Agreement terminates any previous agreements between the
DISTRICT and the PMCDD. This Agreement coincides and becomes effective upon signature
and conveyance of the pump station and storage pond located at 1505 Pelican Marsh Blvd., from
7
.~b
OR: 4353 PG: 2557 B
17
PMCOD to the District. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter referenced herein. Any amendment hereto shall be in writing
duly executed by the parties hereto, or their successors in interest to the Property. Each amending
agreement shall clearly and specifically refer to this A!:,Tfeement by title and date. E.g., "First
Amendment to that Agreement for Delivery and Reuse of Irrigation Quality Water, which
commenced on the day of , 200_, between the Collier County
Water-Sewer District and Pelican Marsh Community Development District.
IN WITNESS WHEREOF, the parties have subscribed their hands and seals for the day and
year first above mentioned.
PELICAN MARSH
DEVELOPMENT DISTRICT
COMMUNITY
\IY\ ~
Gordon M .Brown, Chaim1an
By:
Approval as to form and legal
sutliciency:
o y 1>.. ires, ., Esquire
Attorney for Pe . can Marsh Conununity
Development District
8
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ATTESff: d
':bwight E.BrQ~k,C~rk
.~ .
as to Cha1
s10naturt on111
Approval as to form and legal
sutliciency:
~r~~~~
Jenn fer A. Belp .0
Assistant County Attorney
06- WTR-00022!66]
OR: 4353 PG: 2558
178
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTYW A TER - SEWER
DlSTRIC~ 4/ . ..
BY~~
Tom Henning, Chairman
9
~
OR: 4353 PG: 2559
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OR: 4353 PG: 2560
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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:
x Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Deptl Div: Collier County Attorney's Office
Person: Robert Zachary
Date: April 7, 2008
Brief Description: Ordinance Repealing Ordinance No. 89-69, as amended
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.) April 22, 2008
Newspaper(s) to be used: (Complete only if important):
x Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size):
AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDINANCES REQUIRING MANDA TORY
INOCULA TION OF COCONUT PALM TREES TO PREVENT LETHAL YELLOWING DISEASE AND
THE REMOVAL OF DISEASED TREES; REPEALING COLLIER COUNTY ORDINANCE NO. 89-69, AS
AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? x Yes 0 No If Yes, what account should be charged for advertising costs:
Collier County University Extension Services: 00]-]57110-649100
Approved by:
Date
County Manager
Date
List Attachments: Ordinance
17C
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy 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 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.
***********************************************************************************************************
FOR CLERK'S OFFICE USE:i1LY:
Date Received: '"" 7/ ~f
D'te of Pub I" h,,,,;,g, '1/ n/- 48 Dm' Adv,rt;",d, 4)11 I D(
17C
ORDINANCE NO. 2008-_
AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDINANCES
REQUIRING MANDATORY INOCULATION OF COCONUT PALM
TREES TO PREVENT LETHAL YELLOWING DISEASE AND THE
REMOVAL OF DISEASED TREES; REPEALING COLLIER COUNTY
ORDINANCE NO. 89~9/ AS AMENDED; AND PROVIDING FOR AN
EFFEGnVE DATE.
WHEREAS, Collier Countx adopted Ordinance No. 89-69/ as amended, to
impose mandatory Inoculations of Coconut Palm trees to prevent Lethal
Yellowing Qisease, and requiring the removal of trees infected with Lethal
Yellowing Disease; and
WHEREAS/ due to budget constraints and the lack of consistent evidence of
program results, on February 26,; 2008/ the Board of County Commissioners
I
approveO the repeal of' this Ordinance and removal of this Lethal Yellowing
suppression program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTV'
COMMISSIONERS OF COLUER COUNTY, FLORIDA, that:
SEmON ONE: Repeal of Ordinance No. 89-69/ as amended by Ordinance No.
2004-11.
Collier County OrdInance No. 89-69, as amended/ and Ordinance No. 2004-
11 are hereby repealed In their entirety.
SECTION "TWO: Effective Date.
This Ordinance shall take effect upon flling with the Department of State.
PASSED AND DULY; ADOPTED by the Board of County Commissioners of
Collier County, Florida this _ day of , 2008.
AlTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING/ O1alrman
Approved as to form and
legal sufficiency:
~r~
Ro ,N. Za rY
AssIstant County Attorney
CI':OB-AGR.0001-4;2
17C
April 7, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: ORD. REPEALING ORDINANCE 89-69 as amended
Dear Pam:
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.lAccount # 001-157110-649100 (Collier County University
Extension Services)
17C
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 PROVIDING FOR THE REPEAL OF ORDINANCES REQUIRING
MANDATORY INOCULATION OF COCONUT PALM TREES TO PREVENT LETHAL
YELLOWING DISEASE AND THE REMOVAL OF DISEASED TREES; REPEALING
COLLIER COUNTY ORDINANCE NO. 89-69, AS AMENDED; AND PROVIDING FOR
AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
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 Managemnet 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
1>7C
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Martha S. Vergara
17:C
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, April 07, 20082:20 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT01475.txt; Ord. Repealing Ord. 89-69 as amended
l~
~
[,:,--:4
L::J
AlT01475.txt (231
B)
Ord. Repealing
Ord. 89-69 as a...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
Martha S. Vergara
17C
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Tuesday, April 08, 2008 9:25 AM
To: Martha S. Vergara
Subject: RE: Ord. Repealing Ord. 89-69 as amended
OK
From: Martha S. Vergara (mailto:Martha.Vergara@collierclerk.com]
Posted At: Monday, April 07,20082:20 PM
Posted To: Legals - NDN
Conversation: Ord. Repealing Ord. 89-69 as amended
Subject: Ord. Repealing Ord. 89-69 as amended
Pam,
Here is an ad for you..
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
4/8/2008
Th.Th,
NAPLES DAILY NEWS
Published Daily
Naples. FL 34102
Affidavit of Publication
State of Florida
County of Collier
BeL)re the undersigned they serve as the authority. personally
appeared B. Lamb. who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily.
a daily ne\\spaper published at Naples. in Collier County.
Florida: distributed in Collier and Lee counties of Florid,L that
the attached copy of the advertising. heing a
PUBUC NOTICE
in thc matter of PUBUC NOTICE
was published in said newspaper I time in the issue
On April 111h. 200X
Artiant further says that the said l\ aples Daily :--J ews is a newspaper
Published at :-lapks. in collier count\'. Florida and that the said
newspaper has heretofore been continuously puhlished in said Colher
('ount\'. Florida: distributed in Collier and Lee countIes of Florida,
each day and has been entered as second class mail matter at the J""I
"nice in '\japlcs, in saId Collier ('ountv. Flonda. t"r a penod of I
\'Car ne'..1 precedIng the tirst publicatIon oflhe attach cd copy of
advcJ1isemcnt: and affiant fllrthcr S;I\S that hc has neither paid nor
protlliscd any person. linn or corporation any discount rt..:hak.
commission or rcflllld I"r the purpose of securing this advertisement t<,r
publication n;da~d :~~:1
(Sigllatll(e of affiant) .~~.~~
Sworn to and subscribed before me
This II . Dm or April 200X
a ~ C.~,:"\
ary pubNc)
FEI59-2578327
~"~~ll',,, ~____
l~~:' .ft:t'?-.. JUDY JANE$'--
~~ .J:; ~orr:miSSion DO 675029
-,,- .' ..~~ t:;X Ire
cIod7hru """F '
>''''1 DmtnthJfaf'1Cl!,~1ot"- ,.,
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-....
17:C
\IV
r)ent
~.." '.';.CIlIcIdea.
to ...,i . on'of
. thll . ..,...,. a .re.
=-~~~~~
therefore. may ne.ed to
ensu etliDtlm
NO.l6I~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO C
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
exception of the Chairman's signature, draw a line throue:h 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 is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
, s Office
Agenda Item Number
Extension 8400
17C
Yes
(I nitial)
NIA (Not
A licabIe)
Ordinance
Number of Original
Documents Attached
@
NIA
~)
1: 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 "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (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.
_...____MI__.'_~_,___.___..~I_I__......._.."......O...''''''._,_;''''_".....".''''"",~.-.".,.....",
17C
MEMORANDUM
Date:
May 6, 2008
To:
Kay Nell, CLA
County Attorney's Office
From:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re:
Validated Ordinance 2008-18
Attached please find one (1) copy of the documents referenced
above, (Agenda Item #17C) adopted by the Board of County
Commissioners on Tuesday, April 22, 2008.
If you should have any questions, you may contact me at 252-8411.
Thank you,
Attachments
l7C
MEMORANDUM
Date:
May 6, 2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-18
Attached, please find one (1) copy of the document referenced above (Agenda
Item #17C), as approved by the Board of County Commissioners on Tuesday
April 22, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
l?c
ORDINANCE NO. 2008-18
AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDINANCES
REQUIRING MANDATORY INOCULATION OF COCONUT PALM
TREES TO PREVENT LETHAL YELLOWING DISEASE AND THE
REMOVAL OF DISEASED TREES; REPEALING COLLIER COUNTY
ORDINANCE NO. 89-69, AS AMENDED; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County adopted Ordinance No. 89-69, as amended, to
impose mandatory inoculations of Coconut Palm trees to prevent Lethal
Yellowing Disease, and requiring the removal of trees infected with Lethal
Yellowing Disease; and
WHEREAS, due to budget constraints and the lack of consistent evidence of
program results, on February 26, 2008, the Board of County Commissioners
approved the repeal of this Ordinance and removal of this Lethal Yellowing
suppression program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Repeal of Ordinance No. 89-69, as amended by Ordinance No.
2004-11.
Collier County Ordinance No. 89-69, as amended, and Ordinance No. 2004-
11 are hereby repealed in their entirety.
SECTION TWO: Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this 22nd day of April, 2008.
ATTEST:
D~I~K~L
'~ - ,,-- ~.'"
:~;;.;., ......'.'!:....,;i,;.. \,
~..,. """,
;;,'Att~~,,~.$'1o:~~1 ~~ Clerk
:itt;.li1a~r.~...~(\>llf
',",' ,\. .
~j'\'"
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TOM HENNING,
Approved as to form and
legal sufficiency:
~~
r
Robert . ach '
Assistant County Attorney
CP:08-AGR-00014;2
17C
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-18
Which was adopted by the Board of County Commissioners
on the 22nd day of April, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of April, 2008.
DWIGHT E. BROCK
Clerk of Courts andC~erk
Ex-officio to Boa;t;'a?};f:t'::4~
County Commissi6r{,~'r~ ',::. '...
. d ~
~~ ~" :i,' ,~'*,'~'~'_, '~'"
. . .-' . fl" .,.'
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^ ' , . .' "',
' " '. ",., '.. t......". . .;:.,:"" .
Pola:s}<:!,; J~ J' .
Clerk
17D
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
....................*...****..*****.*.***.**...*.*.***.*...*...*.*..**.**.....*...*****..******
Originating Dept/ Div: Comm,Dev.Serv./Planning Person: John-David Moss Date:
~
Petition No. (If none, give brief description): CU-2007-AR-11394, LDS Immokalee Chapel
Petitioner: (Name & Address): Wedding, Stephenson, & Ibarguen Architects, Matthew Vasilevski, 300 First Ave. South, # 402,
St. Petersburg, Fl. 33701
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Corp. of the
Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, SO E. North Temple, Rm. 22, Salt Lake City, UT 84150
Hearing before BCC
BZA
Other
Requested Hearing date:
March II. 2008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU-2007-AR- 11394, The Corporation
of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, represented by Matthew Vasilevski
of Wedding, Stephenson, and Ibarguen, Architects, Inc., is proposing a Conditional Use of the Commercial
Professional and General Office (C-l) Zoning District with a SR29 Commercial Subdistrict Overlay
(C-I-SR29-COSD) and the RSF-3 (Residential Single-Family) Zoning District for ChurchIPlace of Worship,
allowed 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, Irnmokalee, Collier County, Florida.:
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
13]-]38326-649100
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~'fn.~
Department Head
ol/~ IoK
bate .
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*.***....*****..**..***.*****....***********.*****..**..***........***.***.....***.....*****...
FOR CLERK'S OFFICE USE ONLY:
""" R<Oci''''''#- D... of Pobll' b,orin., ~ Dalo A"""''''''' #8
:I7JJ
RESOLUTION 08.
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION CU-2007-AR-11394, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
A CHURCHlPLACE OF WORSHIP WITHIN A
COMMERCIAL PROFESSIONAL AND GENERAL OFFICE
ZONING DISTRICT WITH A SR29 COMMERCIAL
SUBDISTRICT OVERLAY (C-I, SR29-COSD) AND A RSF-3
RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT
FOR PROPERTY AT 635 STATE ROAD 29, IN SECI10N
32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA.
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, the Petitioner is requesting that the Board grant it a conditional use to
operate a Church meetinghouse at 635 State Road 29 in Immokalee, Florida, on land within the
CommerCial Professional and General Office Zoning District with a SR29 Commercial
Subdistrict Overlay (C-I, SR29-COSD); and
WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing after notice
as in said regulations made and provided, and has considered the advisability of a Conditional
Use to allow, pursuant to Land Development Code (lDC), Section 2.04,03, Table 2, a Church
meetinghouse on property zoned C-I and SR29-COSD and RSF-3 Residential Single-Family,
and hereinafter described, and the Collier County Planning Commission has found as a matter of
fact (Exhibit "An) that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 10.08.00.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 presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that: Petition CU-2007-AR-1l394, filed by Matthew
".
Vasilevski of Wedding, Stephenson. & Ibarguen Architects, representing Corporation of the
17D
Presiding Bishop of the Church of Jesus Christ of Latter Day Saints with respect to the pr:operty
described in Exhibit "B." attached hereto and incorporated by reference herein, be and the same
is hereby approved for a Conditional Use for a Church meetinghouse, pursuant to LDC Section
2.04.03, Table 2, on property zoned C-I and SR29-COSD and RSF-3 Residential Single-Family,
in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions set
forth in Exhibit "D," attached hereto and incorporated by reference herein.
BE IT FURTIiER RESOLVED that this Resolution relating to Petition Number CU-
2007-AR-11394 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and super-majority vote, this day
of
.2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, CHAIRMAN
Attachments: Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan
Exhibit D: Conditions of Approval
17D
Exhibit A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
CU-2007-AR-11394
The following facts are found:
1. Section 2.04,03, Table 2. 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) be
recommended for approval to the Board of Zoning Appeals.
DATE:
CHAIRMAN:
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CU-2007-AR- 1 1394
Metes & Bounds Description
A parcel of property beginning at iron stake at the Intersection of State Road 29
and the South corner of Glidden Property, thence South 00053'41" East a
distance of 370.33 feet, thence South 89002'05" West a distance of 1226.95 feet,
thence North 00056'02" West a distance of 665,55 feet, thence North 89004'05"
East a distance of 932,76 feet, thence South 00049'35" East a distance of 294.32
feet, thence North 89006'19" East a distance of 295 feet to the Point of beginning,
All lying and being in the NE 1A of the NE 1A of Section 32, Township 46 South,
Range 29 East, Collier County, Florida.
Exhibit "B"
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ZONED C-1 !R21 coso
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ENLARGED CONDITIONAl.
USE SITE PlAN
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a"- """"" IMMa<ALEE MEETINGHOUSE
Pi ' FORT MYERS, FLORIDA STAKE
i 7 TIll CIIUIGI 01
JESUS CHlUST LDBPRQI!cr
NuINlIr. OIQI ()IIJ.A1"rUr.~MDnI $ll5.UM8-75
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Exhibit D
DEVELOPMENT CONDITIONS
CU-2007-AR-11394
February 5, 2008
1, The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Immokalee Meetinghouse Fort Myers, Florida Stake, the Church of
Jesus Christ of Latter Day Saints," prepared by Wedding + Stephenson
Architects, Inc., and dated March 12, 2007, as revised through January 9, 2008,
The site plan noted is conceptual in nature for conditional use approval, The final
design must be compliance with all applicable federal, state, and county laws and
regulations,
2. Building height for both the primary structure and the addition shall be a
maximum zoned height of 35 feet. One steeple shall be permitted on the 10,850-
square foot primary structure, and shall have a maximum actual height of no more
than 67 feet.
3, All parking shall be contained on-site and limited to 106 parking spaces.
4. Services shall be on Sundays between 8:00 a.m. and 6:00 p.m., with no more than
170 persons per service. Once the proposed expansion is completed, this number
may increase to 230 persons per service, Monday through Saturday, the church
building shall not be occupied by more than five clerical staff and five non-
clerical staff between the hours of6:00 p.m. to 9:00 p,m.
5. Signage on the site shall be limited to one stone sign measuring approximately 2,9
feet by 4,6 feet inset into the brickwork of the church building.
6. Soil sampling results shall be submitted to the County Environmental Services
Department for review prior to the next development order,
17D
February 12,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2007-AR-11394, LDS Immokalee Chapel
Dear Legals:
Please advertise the above referenced notice on Sunday, February 24, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.lAccount # 131-138326-649100
NOTICE OF PUBLIC HEARING
17D
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, March 11,
2008 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. The title of the
proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION CU-2007-AR-11394,
PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
A CHURCH/PLACE OF WORSHIP WITHIN A COMMERCIAL PROFESSIONAL
AND GENERAL OFFICE ZONING DISTRICT WITH A SR29 COMMERCIAL
SUBDISTRICT OVERLAY (C-1, SR29-COSD) AND A RSF-3 RESIDENTIAL
SINGLE-FAMILY ZONING DISTRICT FOR PROPERTY AT 635 STATE ROAD
29, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA
Petition: CU-2007-AR-11394, The Corporation of the Presiding
Bishop of the Church of Jesus Christ of Latter Day Saints,
represented by Matthew Vasilevski, of Wedding, Stephenson and
Ibarguen, Architects, Inc., is proposing a Conditional Use of the
Commercial Professional and General Office (C-1) Zoning District
with a SR29 Commercial Subdistrict Overlay (C-1-SR29-COSD) and the
RSF-3 (Residential Single-Family) Zoning District for Church/Place
of Worship, allowed 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
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.
17D
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)252-8380j Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
I ,. -'-, -- (--""1 .
[-e'O~ty Qf Co{her
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY <tOURT . OUSE
I
330 I T AMIAMI 1t~IL EA'$T
P.O. BO~ 413044\
NAPLES, FLORIDA\l4101-30~4
~ .
17D
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 12, 2008
Wedding, Stephenson, & Ibarguen Architects
Matthew Vasilevski
300 First Ave. South
#402
St. Petersburg, FL 33701
Re: Petition CU-2007-AR-11394, LDS Immokalee Chapel
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, March 11,2008, as
indicated on the enclosed notice, The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 24, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Web site- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.t1.us
Dwight E. Brock
Clerk of Courts
.1"-".
Jeoo.nty.pf C:a~lier
Ii..... '., '<
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY ~OUR~'OUSE
3301 TAMIAMI ~IL EAST
P,O. Bat. 413044\,
NAPLES, FLORIDA1'~ }()1-30~4
.'
17D
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 12,2008
Corp, of the Presiding Bishop of the
Church of Jesus Christ of Latter Day Saints
50 E. North Temple
Rm.22
Salt Lake City, UT 84150
Re: Petition CU-2007-AR-11394, LDS Immokalee Chapel
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, March 11,2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 24, 2008.
You are invited to attend this public hearing,
Sincerely,
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646 Fax- (239) 775-2755
Website- www.c1erk.collier.fl.us Email-collierclerkca?c1erk.collier.fl.us
Martha S. Vergara
u.D
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Wednesday, February 13, 2008 8:44 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT977481.txt; CU-2007-AR-11394, LDS Immokalee Chapel
[]
ATT97748Uxt CU-2007-AR-11394
(231 B) , LOS Immokale...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
Martha S. Vergara
17D
From: Martha S. Vergara
Sent: Wednesday, February 13, 2008 8:53 AM
To: 'Iegals@naplesnews.com'
Subject: FW: CU-2007-AR-11394, LDS Immokalee Chapel
Attachments: CU-2007-AR-11394.doc; CU-2007-AR-11394.doc
OK!! Sorry I just remembered that I didn't attach the first time... Sorry
From: Martha S. Vergara
Sent: Wednesday, February 13, 2008 8:44 AM
To: 'Iegals@naplesnews.com'
Subject: CU-2007-AR-11394, LDS lmmokalee Chapel
Morning Pam,
Here is an ad for yah!!
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
2/13/2008
Page 1 of 1
Martha S. Vergara
;'~ ..!t~...
17D~t.'
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Wednesday, February 13, 200811:11 AM
To: Martha S. Vergara
Subject: RE: CU-2007-AR-11394, LOS Immokalee Chapel
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Wednesday, February 13, 2008 8:53 AM
Posted To: Legals - NON
Conversation: CU-2007-AR-11394, LOS Immokalee Chapel
Subject: FW: CU-2007-AR-11394, LOS Immokalee Chapel
OK!! Sorry I just remembered that I didn't attach the first time... Sorry
~~_^__",.^__~~~___,",_~_~~_____c~~~___"__~^___'~_~____,_,~,~"_c,<~~____'___~~'_'~___""~'~~~~~.
From: Martha S. Vergara
Sent: Wednesday, February 13, 20088:44 AM
To: 'Iegals@naplesnews.com'
Subject: CU-2007-AR-11394, LDS Immokalee Chapel
Morning Pam,
Here is an ad for yah!!
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
2/13/2008
NAPLES DAILY NEWS
Published Dailv
Naples. FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared B. Lamb. \vho on oath says that they
SCf\e as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples. in Collier County,
Florida: distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
\\as published in said newspaper I time in the issue
on February 24th. 2008
IVliant further says that the said Naples Daily '\ eIVs is a newspaper
puhlished at Naples. in said CollIer County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County. ]]orida: dlstrihuted in CollIer and [,ee counties of Florida.
each day and has heen entered as second class mail matter at the post
oniee in Naples. in said Collier County, Florida, for a period of I
\'Car next preceding the first puhlication ofthe attached copy of
ad\ertisemenl: and afliant lurther ""ys that he has neither paid nor
prolllised any r~rson. firm or I.:orporation any discount rehate.
commIssion or rclund Itlr the purpose 01' securing this advertisement Itlr
PUhlic,:n t~'ewspaper
( Signature of affiant)
Sworn to and subscribed beforc me
This 24th.of Febmary 20()8
~ lC~~ ()CL'lU7-O
(Signatu of not, public)\
FEI59-2578327
"""~";"I,,
;>f..'t't;,"r*',
t:J.~~;}
"~:~k.4.1.. oq;..3'
"r"Rf.:'~'\"
JUDY JANES _ ~r
Commission DU 6r;;029
Expires Mav 16, 2011 , .
Bonded T:.nJ 1 my fbll1 Insl,jrance b:)Q-38:l.!019
I 311,' ..., ji I~"..i o'..u'. "."".,..t.v i
~ 1f''r8UHfV.1
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(S~LJ; .
.Fe!). 24 NO.l(i70614 I
11394
Page 1 of 1
'. ~'~" ~dI(
170' 1,.,
Patricia L. Morgan
From: MossJohndavid [JohndavidMoss@colliergov.net]
Sent: Monday, March 10,20083:47 PM
To: Bedtelyon, Linda; Bellows, Ray; Phillips, Sharon; RamirezHeather; Brock, Mary; ClevelandSimon;
Filson, Sue; Minutes and Records; Puig, Judy
Subject: *11394
This item is being sent back to the CCPC for another hearing 4/3/08; and continued from the 3/11/08 BCC to the
4/22/08 date, -
Thnaks!
Jolin-(])avUf Cfttoss, AICP
Principal Planner
Zoning & Land Development Review
Community Development & Environmental Services
2800 N. Horseshoe Drive, Naples, FL 34104
tel. 239.304.4237
fax 239.643.6968
3/11/2008
170
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place tbe following as a:
xxx :'oiormal Legal Advertisement Other:
(Display Adv., location, etc.)
***********-***************..***************************...*....****..***...****************...
Petition No. (If none, give brief description): CU-2007-AR-11394, LDS Immokalee Chapel
-jJfrv-
Originating Deptl Div: Comm,Dev.Serv./Planning Person: John-David Moss Date:
Petitioner: (Name & Address): Bruce Anderson, Roetzel and Andress, 850 Park Shore Dr Naples, FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Corp. of the
Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, 50 E. North Temple, Rm. 22, Salt Lake City, UT 84150
Hearing before BCC
BZA
Other
Requested Hearing date:
April 22, 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
Propost:d Text: (Include legal description & common location & Size: Petition: CU-2007-AR-I 1394, 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-I-SR29-COSD) and tbe 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 Soutb, Range 29 East, Immokalee, ColIier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
]31-138326-649100
No If Yes, what account should be charged for advertising costs:
R~ '-A(V). } ~~
Department Head Date
Approved by:
3 f,- \..lj 09
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager, Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
**********.***~********************************~..***.w***.*~*******~*************.*..*.***.***
FOR CLERK'S OFFICE USE ONLY:
O'1e /Wo,'v.l ~ 24ID'6 0", of Pobli, '.,,'ng' # 0'" Adv"",,d, $f.oZ
RESOLUTION 08 -_
17D
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLffiR COUNTY, FLORIDA, RELATING TO
PETITION CU.2007-AR-11394, PROVIDING FOR THE
EST ABLlSHMENT OF A CONDITIONAL USE TO ALWW
A CHURCHlPLACE OF WORSmP WITHIN A
COMMERCIAL PROFESSIONAL AND GENERAL OmCE
ZONING DISTRICT WITH A SR29 COMMERCIAL
SUBDISTRICT OVERLAY (C-l, SR29-COSD) AND A RSF.3
RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT
FOR PROPERTY AT 635 STATE ROAD 29, IN SECTION
32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLffiR COUNTY, FLORIDA.
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 wning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto bas adopted a Land Development Code
(Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing
regulations for the wning of particular geographic divisions of the County, among which is the
granting of Conditional Uses; and
WHEREAS, the Petitioner is requesting that the Board grant it a conditional use to
operate a Church meetinghouse at 635 State Road 29 in hnmokalee, Florida, on land within the
Commercial Professional and General Office Zoning District with a SR29 Commercial
Subdistrict Overlay (C-l, SR29-COSD); and
WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing after notice
as in said regulations made and provided, and has considered the advisability of a Conditional
Use to allow, pursuant to Land Development Code (LDC) , Section 2.04.03, Table 2, a Church
meetinghouse on property zoned C-l and SR29-COSD and RSF-3 Residential Single-Family,
and hereinafter described, and the Collier County Planning Commission has found as a matter of
fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 1O.08.00.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 presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLL.IER COUNTY, FLORIDA, that: Petition CU-2007-AR-11394, filed by Matthew
17 0\ kf"l
Vasilevski of Wedding, Stephenson, & Ibarguen Architects, representing Corporation of the
Presiding Bishop of the Church of Jesus Christ of Latter Day Saints with respect to the ~operty
described in Exhibit "B," attached hereto and incorporated by reference herein, be and the same
is hereby approved for a Conditional Use for a Church meetinghouse, pursuant to LDC Section
2.04.03, Table 2, on property zoned C-I and SR29-COSD and RSF-3 Residential Single-Family,
in accordance with the Conceptual Master Plan (Exhibit "Cn) and subject to the conditions set
forth in Exhibit "D,n attached hereto and incorporated by reference herein.
BE IT FURTEER RESOLVED that this Resolution relating to Petition Number CU-
2007-AR-11394 be recorded in the minutes of this Board.
This Resolution adopted after motion. second and super-majority vote, this day
of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, CHAIRMAN
J effre
Mana gA
Attachments: Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan
Exhibit D: Conditions of Approval
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
17D
CU-2007-AR-11394
The following facts are found:
1. Section 2.04,03, Table 2, 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 fmdings, this conditional use should. with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals,
DATE:
CHAIRMAN:
EXHIBIT A
t~1D
CU-2007 -AR- 11394
Metes & Bounds Description
A parcel of property beginning at iron stake at the intersection of State Road 29
and the South corner of Glidden Property, thence South 00053'41" East a
distance of 370,33 feet, thence South 89002'05" West a distance of 1226.95 feet,
thence North 00056'02" West a distance of 665,55 feet, thence North 89004'05"
East a distance of 932.76 feet, thence South 00049'35" East a distance of 294.32
feet, thence North 89006'19" East a distance of 295 feet to the Point of beginning.
All lying and being in the NE 14 of the NE 14 of Section 32, Township 46 South,
Range 29 East, Collier County, Florida.
EXHIBIT B
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EXHIBIT C
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EXHIBIT C
17D~~'
DEVELOPMENT CONDITIONS
CU-2007-AR-11394
March 17, 2008
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "lmmokalee Meetinghouse for the Church of Jesus Christ of Latter
Day Saints," prepared by Reynolds, Smith and Hills, Ine" and dated March 14,
2008, The site plan noted is conceptual in nature for conditional use approval. The
final design must be compliance with all applicable federal, state, and county laws
and regulations.
2. Building height for both the primary structure and the addition shall be a
maximum zoned height of 35 feet. One steeple shall be permitted on the 10,850-
square foot primary structure, and shall have a maximum actual height of no more
than 67 feet.
3, All parking shall be contained on-site and limited to 106 parking spaces,
EXHIBIT D
17D
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.)
***********************************************************************************************
Petition No. (If none, give brief description): CU-2007-AR-11394, LDS Immokalee Chapel
-o9ftv-
Originating Dept/ Div: Comm,Dev.Serv./Planning Person: John-David Moss Date:
Petitioner: (Name & Address): Bruce Anderson, Roetzel and Andress, 850 Park Shore Dr Naples, FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Corp. of the
Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, 50 E. North Temple, Rm, 22, Salt Lake City, UT 84150
Hearing before BCC
BZA
Other
Requested Hearing date:
April 22, 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: CU-2007-AR-I1394, 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
ChurchlPlace 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.
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: , l
~~.f~>~3
Department Head Date
Approved by:
h-'-- t /0 g
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A, For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager, Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager, The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
**k****************************************************k**k************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
17D
RESOLUTION 08._
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION CU.2007-AR-U394, PROVIDING FOR THE
ESTABLISHMENT OF A CONDmONAL USE TO ALWW
A CHURCHlPLACE OF WORSHIP WITHIN A
COMMERCIAL PROFESSIONAL AND GENERAL OFFICE
ZONING DISTRICl' WITH A SR29 COMMERCIAL
SUBDISTRICT OVERLAY (C-l, SR29.COSD) AND A RSF-3
RESIDENTIAL SINGLE-FAMILY ZONING DISTRICf
FOR PROPERTY AT 635 STATE ROAD 29, IN SECTION
32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA.
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 e.~tablish,
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 divisionsof the County, among which is the
granting of Conditional Uses; and
WHEREAS, the Petitioner is requesting that the Board grant it a conditional use to
operate a Church meetinghouse at 635 State Road 29 in Immokalee, Florida, on land within the
Commercial Professional and General Office Zoning District with a SR29 Commercial
Subdistrict Overlay (C-l, SR29-COSD); and
WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing after notice
as in said regulations made and provided, and has considered the advisability of a Conditional
Use to allow, pursuant to Land Development Code (LDC), Section 2.04.03, Table 2, a Church
meetinghouse on property zoned C-l and SR29-COSD and RSF-3 Residential Single-Family,
and hereinafter described, and the Collier County Planning Commission has found as a matter of
fact (Exhibit "AU) that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 1O.08.00.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 presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF WNING APPEALS
OF COILIER COUNTY, FLORIDA, that: Petition CU-2007-AR-11394, filed by Matthew
17D
Vasilevski of Wedding, Stephenson, & Ibarguen Architects, representing Corporation of the
presiding Bishop of the Church of Jesus Christ of Latter Day Saints with respect to the pr,operty
described in Exhibit "B," attached hereto and incorporated by reference herein, be and the same
is hereby approved for a Conditional Use for a Church meetinghouse, pursuant to WC Section
2.04.03, Table 2, on property zoned C-l and SR29-COSD and RSF-3 Residential Single-Family,
in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions set
forth in Exhibit "D," attached hereto and incorporated by reference herein.
BE IT FURTlIBR RESOLVED that this Resolution relating to Petition Number CU-
2007-AR-11394 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and super-majority vote, this day
of
,2008.
ATI'BST:
DWIGHf E. BROCK, Clerk
BOARD OF ZONlNG APPEALS
COLLffiR COUNTY, FLORIDA
By:
By:
TOM HENNING, CHAIRMAN
, Deputy Clerk
Attachments: Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan
Exhibit D: Conditions of Approval
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMl\1ISSION
FOR
A CONDITIONAL USE PETITION
:11D
CU-2007-AR-11394
The following facts are found:
1. Section 2.04,03, Table 2, 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) be
recommended for approval to the Board of Zoning Appeals.
DATE:
CHAlRMAN:
EXHIBIT A
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1'. .
CU-2007 -AR- 11 394
Metes & Bounds Description
A parcel of property beginning at iron stake at the intersection of State Road 29
and the South corner of Glidden Property, thence South 00053'41" East a
distance of 370,33 feet, thence South 89002'05" West a distance of 1226,95 feet,
thence North 00056'02" West a distance of 665,55 feet, thence North 89004'05"
East a distance of 932.76 feet, thence South 00049'35" East a distance of 294,32
feet, thence North 89006'19" East a distance of 295 feet to the Point of beginning.
All lying and being in the NE % of the NE % of Section 32, Township 46 South,
Range 29 East, Collier County, Florida,
EXHIBIT B
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t'::7iD
DEVELOPMENT CONDITIONS
CU-2007-AR-11394
March 17, 2008
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "lmmokalee Meetinghouse for the Church of Jesus Christ of Latter
Day Saints," prepared by Reynolds, Smith and Hills, lnc" and dated March 14,
2008. The site plan noted is conceptual in nature for conditional use approval. The
final design must be compliance with all applicable federal, state, and county laws
and regulations,
2. Building height for both the primary structure and the addition shall be a
maximum zoned height of 35 feet, One steeple shall be permitted on the 10,850-
square foot primary structure, and shall have a maximum actual height of no more
than 67 feet.
3. All parking shall be contained on-site and limited to 106 parking spaces,
EXHIBIT D
.J~7D
RESOLUTION 08 - _
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION CU-2007-AR-11394, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
A CHURCHlPLACE OF WORSHIP WITHIN A
COMMERCIAL PROFESSIONAL AND GENERAL OFFICE
ZONING DISTRICT WITH A SR29 COMMERCIAL
SUBDISTRICT OVERLAY (C-l, SR29-COSD) AND A RSF-3
RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT
FOR PROPERTY AT 635 STATE ROAD 29, IN SECTION
32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA.
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, the Petitioner is requesting that the Board grant it a conditional use to
operate a Church meetinghouse at 635 State Road 29 in Immokalee, Florida, on land within the
Commercial Professional and General Office Zoning District with a SR29 Commercial
Subdistrict Overlay (C-l, SR29-COSD); and
WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing after notice
as in said regulations made and provided, and has considered the advisability of a Conditional
Use to allow, pursuant to Land Development Code (LDC), Section 2,04,03, Table 2, a Church
meetinghouse on property zoned C-l and SR29-COSD and RSF-3 Residential Single-Family,
and hereinafter described, and the Collier County Planning Commission has found as a matter of
fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection lO.08.00.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 presented,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that: Petition CU-2007-AR-11394, filed by Matthew
!7D
Vasilevski of Wedding, Stephenson, & Ibarguen Architects, representing Corporation of the
Presiding Bishop of the Church of Jesus Christ of Latter Day Saints with respect to the p~operty
described in Exhibit "B," attached hereto and incorporated by reference herein, be and the same
is hereby approved for a Conditional Use for a Church meetinghouse, pursuant to LDC Section
2.04.03, Table 2, on property zoned C-I and SR29-COSD and RSF-3 Residential Single-Family,
in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions set
forth in Exhibit "D," attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number CU-
2007-AR-11394 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and super-majority vote, this
day
of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, CHAIRMAN
tzkow
istant County Attorney
Attachments: Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan
Exhibit D: Conditions of Approval
17D
March 26, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2007-AR-11394, LDS ImIDokalee Chapel
Dear Legals:
Please advertise the above referenced notice on Sunday, April 6, 2008 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office,
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.lAccount # 131-138326-649100
NOTICE OF PUBLIC HEARING
~17D
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, April 22,
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 CU-2007-AR-11394,
PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
A CHURCH/PLACE OF WORSHIP WITHIN A COMMERCIAL PROFESSIONAL
AND GENERAL OFFICE ZONING DISTRICT WITH A SR29 COMMERCIAL
SUBDISTRICT OVERLAY (C-1, SR29-COSD) AND A RSF-3 RESIDENTIAL
SINGLE-FAMILY ZONING DISTRICT FOR PROPERTY AT 635 STATE ROAD
29, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA
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-1) Zoning District with a SR29 Commercial Subdistrict
Overlay (C-1-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.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing, All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a ~e~son w~th d~sability ~ho needs any ac~ommodatiol: "7 D
order to partlclpate ln thlS proceedlng, you are entltled, at .
cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252-8380; Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
:~-ountyof Collier
\,- ,
CLERK OF THE crR,' CUJT COURT
COLLIER COUNTY <tOURT.OUSE
3301 T AMIAMI TJ~.AIL EAST
P.O. BOt. 413044,
NAPLES, FLORIDA '4~ 101-3044
*
17D
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 26, 2008
Roetzel and Andress
Bruce Anderson
850 Park Shore Dr.
Naples, FL 34103
Re: Petition CU-2007-AR-11394, LDS Immokalee Chapel
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E, BROCK, CLERK
Martha Vergara,
Deputy Clerk
~
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
~~t)~tyof Collier
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY <tOURTllOUSE
330 I T AMIAMI 1(~IL EAST
P.O. BO~ 413044,
NAPLES, FLORIDA'~11 0 1-30~4
*
'170
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 26, 2008
Corp. of the Presiding Bishop of the
Church of Jesus Christ of Latter Day Saints
50 E. North Temple
Rm,22
Salt Lake City, UT 84150
Re: Petition CU-2007-AR-11394, LDS Immokalee Chapel
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008.
Yau are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
/~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(il)clerk.collier.fl.us
-17.D
Martha S. Vergara
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Friday, March 28, 2008 10:16 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT446267.txt; CU-2007-AR-11394, LOS Immokalee Chapel
.",~1
~
[:'.-"'/1
U
ATI446267.txt CU-2007-AR-11394
(231 B) , LDS Immokale...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
Martha S. Vergara
..""..,. '~~,' ..",11,
~
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Friday, March 28, 2008 12:06 PM
To: Martha S. Vergara
Subject: RE: CU-2007 -AR-11394, LOS Immokalee Chapel
OK
From: Martha S. Vergara [mailto:Martha,Vergara@collierclerk.com]
Posted At: Friday, March 28, 2008 10:16 AM
Posted To: Legals - NON
Conversation: CU-2007-AR-11394, LOS Immokalee Chapel
Subject: CU-2007-AR-11394, LOS Immokalee Chapel
Pam,
Here is another
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
3/28/2008
CU-~#~a84
PlI8LIC 'H1AR1NG
Th.Th,
NAPLES DAILY NEWS
Published Dail~
Naples. FL l-ll 02
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they sene as the authority. personally
appeared B. Lamb. who on oath says that they
sene as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples. in Collier County.
Florida: distributed in Collier and Lee counties of Florida: that
the ;1ltached COPy of the advertising. being a
rl.:BLlC~PTlC~
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
Qn AmiL6'h. 200S
Petition.: C
11394, Tne
of the Pm
of the Chu
Christ 0<<
saints. re '
~ce
~osrr:, . C II
Use 0 the Co
Professional
III Office (C.~)
Plsttlllt w!*
~'"
Ove-rlay (C... g.
COSOl and the 1111.3
(~esld.ntlal Slltle-
Family) %0 '
for a Chur
Wor~t'llP,'
'LOC on
ble 2. ,1
Is 10caHd
Rold 21. ,In .
TownSIHlJ: ' .'... .
~OI~'CoUnty~
da. '
NQTe:. ',411 ""*..~
Ing to .peak on ,any
agendll Item muIt 1'8Il1lj.
ter with the COWIltYAd-
mlnl.rator' I'riOf to, PI'J'
sentatlon 0 the....,.
Item to be IIddrt'"d.
Individual speakers will
'be lJmlttd to 5 ,","utes
on any Ittm, 1M;, Ie'
tlon fan lid to
spe~ on br:c:~f q, an
ol'llll1Jzatlon or 1IfrOllD:1$
encoura.ged. , If" retoo.
nl%e~ '11~ the tlt.'r. a
spol<esperson fbr, a
group or organ!, ;ration
may be allottecl:ll) n1ll\.
utes to speak on an
Item.
\fliallt filrth~r sa\'S that th~ said "apks Daily ,,~\\S IS a ll~wspap~1
P"hlish~d at "apks. ill c"ll1er "'''''llty. l'lomb alld that the said
l1CWSpap~1 has herd"fore h~~n continuouslv puhlish~d in said Collier
C,)unlv. l'lorid,,: distrlhuted In Collier aOlII,~e ~ounties of Florida,
~ach day and has b~~n entered as s~eond class mati matter at the post
office 111 '.apks. In "lid Collier County. Florida. for a p~riod of 1
\Car next prec~d1l1g ilK first puhlication of the altach~d copy of
adv~rtls~ment; and aftiant furth~r says that he has neither paid nor
prlltl1ised any pcrson, firm or eorporati,)1l any discount. r~bat~.
UHlltllission or rcflllld t~)f the purpose of securing this adyertisctl1cnt for
pul1lit..:atiot1 in the ~;,.lid ll.:'\\"spapcr
____ /J. 2l----
( Signalure(of affiant)
Sworn to and subscribed before me
This 6'11. Day Of April 200g
4 ~/
, ...,., /- /../ ~~
L;<....---7V C---?.A ~ -,.-
(Signature of not;;~~--Pllblicr----'
"'~:r.~'i-~",,, NANCY EVANS
=~f'r!:J,.~~ Commission D, D 65703C
~,~:.~.~l Expires July 18, 2011
....1,'),': ii~j~~~:- Ronded Thru Troy Fam Insurance 800-38&-701 S
FEI 59-?57S~27
17L
I
Nap
(2~g)
Ilste g
.'. ,. ".'tMtrevlllG.
.m., , dare 1I,."abl"e
Cl!Y.nty Commls-
'omee, .
IOARD QF COUNTY
CO....'lISfONIRI
EC, OL"L"""',',,','~.,,,", .", C",OU"N T, Y,.,.
'!', .,...,..,H.~..~R.
QW O'H'rE. BROCK.
CLERK
By: N1~M Vergara,
e i 'NO. 1687715
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlJ 7 D h.
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 If!u 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
exccDtion of the Chairman's signature, draw a line through routing lines # I throuldl #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attacbed
Phone Number
Agenda Item Number
umber of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate,
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired,
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be a e deadlines!
The document was approved by the BCC on nter date) and all changes
made during the meeting have been incorpora in e attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
Yes
(Initial
N/A (Not
A licable)
2.
3,
4,
5.
6.
~
I: Forms! County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
-..--,. _._...._-"II<~,I..----,--..._.'.,___".,..'--
170
b'. ~i.3
.~' }.~
'1
RESOLUTION 08 - .ll.4.
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION CU-2007-AR-11394, PROVIDING FOR THE
EST ABLISHMENT OF A CONDITIONAL USE TO ALLOW
A CHURCHlPLACE OF WORSHIP WITHIN A
COMMERCIAL PROFESSIONAL AND GENERAL OFFICE
ZONING DISTRICT WITH A SR29 COMMERCIAL
SUBDISTRICT OVERLAY (C-l, SR29-COSD) AND A RSF-3
RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT
FOR PROPERTY AT 635 STATE ROAD 29, IN SECTION
32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA.
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, the Petitioner is requesting that the Board grant it a conditional use to
operate a Church meetinghouse at 635 State Road 29 in Immokalee, Florida, on land within the
Commercial Professional and General Office Zoning District with a SR29 Commercial
Subdistrict Overlay (C-1, SR29-COSD); and
WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing after notice
as in said regulations made and provided, and has considered the advisability of a Conditional
Use to allow, pursuant to Land Development Code (LDC), Section 2.04.03, Table 2, a Church
meetinghouse on property zoned C-I and SR29-COSD and RSF-3 Residential Single-Family,
and hereinafter described, and the Collier County Planning Commission has found as a matter of
fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection lO,08.00.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 presented,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that: Petition CU-2007-AR-11394, filed by Matthew
Jl7D
j:
:.f
Vasilevski of Wedding, Stephenson, & Ibarguen Architects, representing Corporation of the
Presiding Bishop of the Church of Jesus Christ of Latter Day Saints with respect to the property
described in Exhibit "B," attached hereto and incorporated by reference herein, be and the same
is hereby approved for a Conditional Use for a Church meetinghouse, pursuant to LDC Section
2.04.03, Table 2, on property zoned C-l and SR29-COSD and RSF-3 Residential Single-Family,
in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions set
forth in Exhibit "D," attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number CU-
2007-AR-11394 be recorded in the minutes of this Board,
This Resolution adopted after motion, second and super-majority vote, this ~ day
of
4r~; l
,2008.
A TrESt~':; ,.,
DWIGHT E,:'B""ItpCK, Clerk
, i /'
By:
.
....By: '
.... ' tOl '...- ;,,-
.J.'" ,~.f'-1
~ f qnature son i: V".'. '
"
Appr ved as to form
and gal su iciency:
tzkow
istant County Attorney
Attachments: Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan
Exhibit D: Conditions of Approval
Ilem # ..l.:1.2-
170
EXHmlT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-11394
The following facts are found:
1. Section 2,04,03, Table 2, 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 V 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. Mfects 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 V No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:~' 'L~ D ~ CHAlRMANj~ \QlJl. P Jjt~ S,:)
~
~
""___,____..,,,_..,___......--...,__.._____'.M___..'
17 0 "'~'" ~11
~'~,
EXmBIT A
,
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
.
CU-2007-AR-11394
The following facts are found:
1, Section 2,04.03, Table 2, 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 yre 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 in7ess egress
Yes No
.
C, Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o 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_
DATE: t.(- J rtJY
Based on the above findings, this conditional use should, with stipulations, (c
recommended for approval to the Board of Zoning Appeals,
('~JKMAN: 09 ---/- v' C J. ""r,,- .
/0 p C;;'Je r ;' if!(,/ -.
17D
f~:,,:.~5~ >':':).
~~ ':f\ ~~~, '\~~
"\Mi, ~
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-11394
The following facts are found:
1, Section 2,04,03, Table 2, 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, ~ or odor
effects:
_ No affect or ~ffect mitigated by Aflp...V~L f-~ ""oL~n/ll' t..tf'lO
_ Affect cannot be mitigated 0 wH~"'S (l"'6A~O/"';(, ~'" ~
P ILo P ~ p.,..., PIli Irn
D. Compatibility with adjacent properties and other property in the distnct:
Compatible use wi~ district
Yes~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoniog APpealS"_ / /
DATE: CH:<lJj,fAN: )j /[t//.#/M
IAt . { 7
,...'trM" ,,<<n- .
.
17D
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007 -AR-11394
The following facts are found:
1, Section 2.04.03, Table 2, 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 -1L'" 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-1L- No_
C, Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or -Jl- Affect mitigated by ~ <-i ~ ~.
_ 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) be
recommended for approval to the Board of Zoning App~_als,
DATE:~ ~~ .-
"~',' ~ftI.,~",
~'~',;~
.'
; -'"'"
.
.
.
"._,--~"""..._-,.",-""-,-~",,,......-._,.-
_.....,.."
170
~:~, '
~
EXmBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-11394
The following facts are found:
1, Section 2,04,03, Table 2, 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 1/ 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 t/ No
C, Affects neighboring properties in relation to noise, glare, economic or odor
effects:
l' 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
YesL No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals,
DATE: 1/3/08
CHAIRMANf--~/'1~-~Yd.t.{d 6~
.
170
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-11394
The following facts are found:
1. Section 2,04,03, Table 2, 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) be
recommended for approval to the Board of Zoning Appeals.
"
1: /"l
U. 1
DATE: ",/- )
./
/
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CHAIRMAN:-
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17D
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EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
.
CU-2007-AR-11394
The following facts are found:
1. Section 2.04.03, Table 2, 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:
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:
Adequate ingress & egress
1
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 \i No
'1
i
Based on the above fmdings, this conditional use should, with stip#ations, (copy attached) be
recommended for approval to the Board of Zoning Appeals. /!
DA IE: 1f(I...\L ~ 2(fJ<6
'CI Ii\IJTh.lA!~ .~
lv)t;It~~~- ': ()lJO\) ~:J}\'f~L.
.
17D \f\'
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
.
CU-2007-AR-11394
The following facts are found:
1, Section 2,04,03, Table 2, 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 V 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:
~ 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 V No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals,
DATE:
-1.1.. tJ r
-OofA.IKJ\.lAN:
;r;;qu-
.
170 .'
CU-2007 -AR- 11394
Metes & Bounds Description
A parcel of property beginning at iron stake at the intersection of State Road 29
and the South corner of Glidden Property, thence South 00053'41" East a
distance of 370.33 feet, thence South 89002'05" West a distance of 1226.95 feet,
thence North 00056'02" West a distance of 665.55 feet, thence North 89004'05"
East a distance of 932.76 feet, thence South 00049'35" East a distance of 294.32
feet, thence North 89006'19" East a distance of 295 feet to the Point of beginning.
All lying and being in the NE 1;4 of the NE 1;4 of Section 32, Township 46 South,
Range 29 East, Collier County, Florida.
Exhibit "B"
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EXhlt~ D ~ ,t '
DEVELOPMENT CONDITIONS
CU-2007-AR-11394
April 9, 2008
1. The Conditional Use is limited to what is shown on the Conceptual Plan,
identified as "Immokalee Meetinghouse for the Church of Jesus Christ of Latter
Day Saints," prepared by Reynolds, Smith and Hills, Inc., and dated March 14,
2008, The site plan noted is conceptual in nature for Conditional Use approval.
The final design must be in compliance with all applicable federal, state, and
county laws and regulations.
2. Building height for both the primary structure and the addition shall be a
maximum zoned height of 35 feet. One steeple shall be permitted on the primary
structure, and shall have a maximum actual height of no more than 67 feet,
3. All parking shall be contained on-site and shall be limited to 170 parking spaces.
4. The maximum area for all structures on the site shall be 12,730 square feet,
5. Irrespective of that depicted on the Conceptual Plans, the proposed addition shall
have a 35-foot side yard setback along its northern boundary.
"/'(\ III f), J)-
_..~,._r__._""_"__~^._
........---
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
t7E
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other;
(Display Adv" location, etc.)
*.*.*..*..*.*........*..*....~.*.**.**..*...**~**.*******.***....,..***....***.........**..**..**....
Originating Dept/ Div; Comm,Dev,ServJPJanning Person; Willie Brown \.Jg Date: "3 \ 1..0r~
Petition No. (If none, give brief description): CU-2oo6-AR-9337, South Grove Lake
Petitioner: (Name & Address): AgnoJi Barber & Brundage, Dominic Amico, 7400 Tamiami Trail North, Naples, FL 34108
Name & Address of any person(s) to be notified by Clerk's Office; (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
April 22. 2008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only jf important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU-2006-AR-9337, Barron Collier
Partnership, LLLP, represented by George L. Varnadoe, Esquire, of Cheffy, 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 the LDC for a project to be known as South
Grove Lake, The subject property, consisting of 158.7:1:. acres, is located in Sections 17 and 18, Township 48 South, Range 29
East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
131-] 38326-649100
No If Yes, what account should be charged for advertising costs:
Reviewed by;
~ <rn, ~\J/.;f/o~
Department Heild Date
Approved by;
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A, For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy tor file.
.**.******.*.*.*.**.****~*..*.....**....**.***.**.*...*~**.***.*****.*.**..**~***.***.***...*..**.***
FOR Cl'ERK'~7 USE ONLY,
Date Received: ' ~ 8' Date of Public hearing: 'f /22('" .
Du, Adv,,"",,, ~
RESOLunON 08-_
ili.
l7t .. ':
I
A RESOLUTION OF THE BOARD OF WNING APPEAlS OF
COLLIER COUNTy, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDmONAL USE WITHIN A
RURAL AGRICULTURE (A) wrm A MOBILE HOME
OVERLAY ZONING DISTRlcr (A-MHO), A PORTION OF
WHICH IS LOCATED WITHlN STEWARDSHIP SENDING
AREA 9 (BCIIBCP-SSA-9), TO ALLOW EARTH MINING AND
TIlE RELATED PROCESSING AND PRoDucrroN OF
MATERIAL FOR A PROJEcr TO BE KNOWN AS SOUTH
GROVE LAKE LOCATED ON OIL WELL ROAD IN
SECfJONS 17 AND J8, TOWNSHIP 48 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the ugislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter J 25, 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, the Board of Zoning Appeals, being the duly appointed and constituted
planmng 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 a Conditional Use, as
required by Se<:tion 2,04.03, Table 2, and Section 4.08.06.B.4.b, of the Land Development Code,
to allow earth mining and tbe related processing and production of material within a Rural
Agriculture (A) with a Mobile Home Overlay Zoning District (A-MHO), a portion of which is
located within Stewardship Sending Area 9 (BCVBCP-SSA-9), on the property described in
Exhibit "B," and the Collier County Planning Commission has found as a matter of fact (Exhibit
"AU) that satisfactory provision and arrangement have been made concerning all applicable
matters required by saId regulations and in accordance with Subsection 1O.08.oo.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 a%embled and the Boani having considered all matters presented.
NOW, TIlEREFORE, BE IT RESOL YED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Page J of 2
Petition CU-2006-AR-9337 filed by George L. Varnadoe, Esq" of Cheffy, Passidomo,
17E
Wilson and Johnson, LLP, representing Barron Collier Partnership, LLLP, with respect to the
property described in Exhibit "B," attached hereto and incorporated by reference herein, is
hereby approved for a Conditional Use pursuant to Section 2.04.03, Tabie 2, and Section
4.08.06.BA.b, of the Collier County Land Development Code to allow earth mining and the
related processing and production of material within a Rural Agriculture (A) with a Mobile
Home Overlay Zoning District (A-MHO), a portion of which is located within Stewardship
Sending Area 9 (BCIIBCP-SSA-9), for a project to be known as South Grove Lake, in
accordance with the Conceptual Site Plan (Exhibit "C') and subject to the conditions set forth in
Exhibit "D," attached hereto 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 _ day of
,2008.
A TIEST;
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, Chairman
Approved as to form and
legal sufficiency:
Exhibits (attached): A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions of Approval
Page 2 of 2
~-
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BY
COLLffiR COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-AR-9337
The following facts are found:
1, Section <text> of the Land Development Code authorizes the conditional use.
2, Gli1ll~ the conditionalUSc. will not ad..,:emely aff-ect the public Urtez:ellt and willlJot
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===--.... ---------__._n_..__...__h, '---..---...---,--,-----,___.'_n'__
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:
/N 0 affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes 1/ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: ~ "1.0"o~
CHAlRMAN:_~ ~
EXHIBIT A
--
FINDING OF FACT
BY
COLLIER COUNTY PLANNING CO"MMlSSION
FOR
A CONDITIONAL USE PETITION
FOR
/I/r/JI< ~ 97J7
The following facts are found:
1. Section <text> of the Land Development Code authorized the cuudilioual use.
1~7E
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
,---------booause-Gf.;...-,--..-------..----------, '-..-~__.__, ,- _____._ _..__'__'_____...____.... _'...__ _ ._____
2.
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:
C.
Adequate ingress & egress
Yes~ No
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ Affect mitigated by <text>
_ 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 <text>.
DATE: ,.?.. 2.0 - (]) (i"
MEMBER:
EXHIBIT A
17E
.~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1, Section <text> of the Land vevelopment Code authorized the conditionitl W:;l,;.
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:__..,.._______..____,_....._.___,___., .._n__________..___n__.., , _, ___,___
A. Consistency with the Land Development 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:
Adequate ingress & egress
Yes ~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ct mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility vvith adjacent properties and other property in the district:
Compatible use within district
Yes~_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be reconunended for approval <text>.
MEW3ER~ ~
DATE: ~ / ';J 0 J D ~
I I
EXHIBIT A
llf
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PEITfION
FOR
The following facts are found:
1 Section <text> nfthf'! Vlnn n~velnrmt".nt (;nrle anthnrizf".d the oonditional use,
2. Uranting the conditional use wIll not adversely affect the public interest and win
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 @d convenience, traffic flow
and control, and access in case of fire or catastrophe:
c.
Adequate ingress & egress ./
Yes~ No_
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
% affect or _ Affect mitigated by <text>
_ 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 <text>,
DATE:.g~d~Y
I {
EXHIBIT A
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-.AR-q3~7
The fo Howing facts are found:
1. Section <text> of the l.and Developmept C:oil~ Rllthor17.f"n the conditional use,
2. Granting the condItional use Will not adversely affect the public mterest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Djvelopment Code and Growth Management Plan:
/
I
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 <text>
_ 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 <text>.
DATE: J ,.-~O - o?
MEMBER:
tfZ/
EXHIBIT A
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNlNG COM:MlSSION
FOR
A CONDITIONAL USE PETmON
FOR
C,lA " If R... "Cf~? 1
The following facts are found:
1, Section <text> of the Land Development Code authorized the cumlitiumd 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-ef-r--.----. -_.-- .-- --... ,- -- ,., - -,. " -,- ,
A. Consistency with the Land Development Code and Growth Management Plan:
Yes I 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 I No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or _ Affect mitigated by <text>
_ 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 <text>,
DATE: 31::1-0/ (J K
/ (
MEMBER: tll---'nflL. kd-, ~
EXHIBIT A
17'E"
"
f
, ,
FINDING OF FACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code authorized the cond1"tional 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 -L No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adj acent properties and other property in the district:
Compatible use within district
Yes~ No_
DATE: M~lt lC 1.JXf8
MEMBER:
Based on the above findings, this conditional use should, with st ulations, (copy attached)
(should not) be recommended for approval <text>.
EXHIBIT A
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDnnONALUSE PETnnON
. FOR
The foUov.mg facts are fotmd:
1 ~ec,tinJ1 <tf\Y1> nfthe T .and Development Code authorized the conditional use.
2. UTanting the conditional use will not adversely affecl tllt~ public i.u.tele~l WJJ 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
effect/'
--.!!'. No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district ,
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>. . y / _, 0C/ C vr~/
//p-,p ~/
DATE: 'J --00,-0 f MEMBER:
EXHIBIT A
1 7E ",'"
,...
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COM:MlSSION
FOR
A CONDITIONAL USE PETITION
FOR
The follov.ring facts are found:
1. Section <text> of the Land JJevelopment Code authorlzed ll:u::: wlluitiu1.U:tl 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 ?evelopment 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 /
YesL No
Affects neighboring properties in relation to noise, glare, economic or odor
effects: 1
No affect or Affect mitigated by <text>
_ Affect cannot be mitigated
D.
Compatibility with adjacent pr~perties and other property in the district:
Compatible use within distrii
YesL No
/"",.~.
Based on the above findings, this conditional use should, wi
(should not) be recommended for approval <text>. I'
DATE: j Og MEMBER:
ulations, (copy attached)
EXHIBIT A
t7E
LEGAL DESCRIPTION
lBGALD1!SCRJPTICN
A PAR.CBL OP LAND LYING IN SBC'tIONS 17 .UlD 1.8, 'I'~'HP 48 SOurn" RANGB 29 EAST, COLUE1t
COUNTY. FLOJm>A, BEfNG MatH PART1CUlA.RL Y DBSCR.lBED AS POU.OWS;
~ AT nm SOUT1:IJt.\3TERy COitNER. OF SECI10N 11:
'IHENCE NOR..'IH QIWW WEST ALONG THE BASI'E1U..Y UNB OF SAm SSCTION 18 A DI'STANCB OF
iSO-a> PBST TOTHS PO'nIlT OF BBmNNING OF nm PAR.CIlL HElU!JN BEING DBSCRJS8D;
lBBNCE Sotrl'B SS":S6'46"WE$T ALa'{G A LINE 150;011 PEEl' NORTHERLY FlWM.UiD PARALLEL wrm:
tHE SOOTBmU.Y I.INB OF 1'RB SOOIRII'.AST QUARTER. (114) OF SAID SECTION' 18 A DJSTANCB OF
!,645. ()4 FBEt';
'IHENCB LE!A\lJNG SAID 1mB soum 8&<':56"26" WBST ALONG A LINE l~.OO FEET N01t1'HEJU.Y FB.OM
AND PARAUEL WITH THE SOUTBERLYLINB OP TIm SOurHWHST QU.&\R'l'BR. (114) OF SAm SI3CTION
leA DrsTANCa OF 1,314.00 PEBT;
'1'BBl\1CE LEAVING s..un UNB NOIrIH 00'"1(113iO" WEST A DISTANCE OP 135.14 P.EET;
IHBNCB SOU'lH Bl"12'04" WEST A DISTANCE OF 867.1& FEET TO AN INTmlSBC110N WITH nm ARC OF
A NUN-TANGElI1T CVRVE CCJNICA.VB NalllBEASTERLY AND WHOSE RADIUS POINT BEAB.S N0101l
Ol"fi'45" WEST A DlS'IANCF! OF 191.10 PEB'I';
mBNCE NaR.1'HWES'TERLY ALONG mE! ARC OF SAIDNON-TANGBNT C.'URVE THROUOH A CENTltU
JINGL5! OF 11 '"0'2"2'" AN AN::' DIS'1:ANCB CIi 270.30 FE~
mEN'CB NOltm 10"46'18" WEST A DISTANCB OF 392040 FEET TO TH! BEGINmNG OF A ctf"E:VS
CONCAVE BAS'I'ERLY AND HAVING A IlWlUS OF 791.10 fEB1;
1'HENCE NOIlTHl31U..Y Al.ONG 1HB A'RC OF SAID CURVB tHROUGH A CBNTKAL ANGLE OF n"1 r.!t "
AN AF-.C DISTANCE! OF ){Ii1.52 FEST;
llBBNCB N01l1H W30'04" EAST A DiSTANCB OF 308.21 FEET 10 1BB BBGlNNING OF' .;\ Cu'l[VE
CONC.!\VE SOUTHEASTERLY AIDHAVINGARADIU'S OF 216.l0PEETi
IHENCB NOitTEF.ASl'B:P.LY ALOl\TG THE ARC OF SAID CURVE 1HROOGH A CENTRAL ANGlEOP
77"26'1 S" AN ARC DISTANCE: OF Nl.07l'EBT;
'IBENCE NOIU'H 8lM<f2Q" EAST A DlS'fM."CE OF 407.42 FBBT TO mE BEG'IJ'.lh1NG OP A CURVB
CONCAVE S(Xj Il1wBSl8KL Y ..urn HAVING AilAD1US OF 116.l0FBBT;
!HENCE SOUTHE.'\SIERLY ALONG nm ARC OF s.m CUR.VB 'IHitOUGH A C'ENTRAL ANGLE OP
73"16'12" AN ARC DlSrANC'B OF 14&,47 PEBT:
11im'(:CB scum 11.47'W EAST A DISTANCE O.F 264M FEET 1'0 TIm BEGINNING OF A CUltVB
CONCAVE NORTHEASTBRLY AND HAVING ARADtuS OF 5lt.PO PB.ET;
1BBNCB SOtnHEAS'I'ERLY ALONG THE ARC OF SAlD CV1{\;'S nm.OUGB: .l\CENTRAL A.~ OF
72"l1l' 3&- AN ARC DiSTANCE OF 74;20 FEET;
1Bm\'!CB SOUTH 19.:58'.51" EAST A DISTANCE OP 220,44 FEET;
'IHB:fo.'CB NORm 00"01'40" BAST AIXSTANCB OF 275.46 FIlET;
THENCE NORIH S9"24'19" BAST A DISTANCE OF 3,971.40 JfBBT;
'FHEt'I'CB NORTH llI9'l1':56" HAST A DISTANCB OF 24U9 FBB'F;
lBBNCE soum 00"27"04" EAST A DIS'I'.<\NCE C11 1,.*1.43 PEE!T TO AN IN1'BkSllCTION WITH A lJNB
ISO.OO PBBT NOR'l'H8RI..Y FROM AND PAltAILm. 'worm TIm 9:)U'TIiER:L Y LINE OF nm AFORBSAm
SBC'IION 17;
THENCE ALONG SAID PA'R.AlLEL UNR SOtlI'H U"SS"W' ~'EST A DlSTA.'\1CB Of 28S:79 FBRT TO THE
POnIT OF BElCilNMNG 011 THE P.UCBL RERBlN DBSC"RIBBD;
CONrAlNIl\'IG: 158:.63 ACltB:S O!' LAND, MORE OR. LESS;
SL1.BJECT TO:EASeMEiNTS AND RJ!STlUC'I!ONS OF RECORD.
AGNOLJ, BAltBEJl AND ~"DA<iB, ]NC,
PROFESsroNAL ENmNEERS, PLAl'~ 41: SURVEYORS Al.'D MAPPERS.
CU-2006-AR-9337, South Grove Lake CU
EXHIBIT B
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EXHIBIT C
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t7E
CONDITIONS OF APPROVAL
South Grove Lake
CU-2006-AR-9337
I. The conditional use approval to allow earth-mining shall be limited to
what is depicted on the master site and excavation plan, entitled
"Conditional Use Conceptual Site Plan", dated May 22, 2007,
prepared by Agnoli, Barber & Brundage for Barron Collier
Partnership, LLLP,
2. Excavation shall be limited to the 2 proposed lakes, the western earth
mine lake and eastern storm-water management lake, totaling no more
than 131 acres as permitted by SFWMD for purposes of water quality
treatment and storage of stonn-water run-off.
3. The single isolated 0.41 acre wetland shall be preserved and
maintained with a minimum 25-foot upland buffer, and all category 1
exotics shall be removed for purposes of maintaining HSA
interconnectivity for bear and panther habitat areas.
4. 100' of throat depth shall be maintained on the entrance road at all
times.
5. The entrance radius shall be at minimum 75' until such time that Oil
Well Road is expanded and a right turn lane is constructed.
6. Quarterly monitoring reports will not be required until such time that
the project begins the sale of material to the public. Material provided
for a public road project and Ave Maria will not be considered public
sale.
7. A letter must be sent to the Zoning Director and Transportation
Planning Director prior to the commercial sale of material.
8. Once the site begins the sale of material to the public, the applicant
will begin to provide quart,erly monitoring reports detailing the daily
sale of material and trips onto the public roadway, The applicant may
provide as an option a $1 heavy vehicle charge for every loaded
EXHIBIT D
17E,
vehicle which leaves the site made payable to the Board of County
Commisioners in lieu of the requirement to monitor, repair and
resurface the adjacent roadway. This payment will be made quarterly
with the monitoring report.
9. The site plan noted is conceptual in nature for conditional use
approval. The fmal design must be in compliance with all applicable
federal, state and county laws and regulations.
10. The Department of Zoning and Land Development Review Director
may approve minor changes in the location, siting, or height of
buildings, structures, and improvements authorized by this conditional
use, so long as these minor changes remain consistent with all
applicable development standards,
11. The mitigation plan to compensate panther (Felis conca/or caryl)
habitat impact by the project proposed by the applicant shall be
approved by the US Fish and Wildlife Service (USFWS);
12. The Conservation Easement for the on-site wetland preserve shall be
approved prior to the Excavation Permit issuance by Collier County;
13, Littoral Shelf Planting Area tinallocation for eastern lake shall be
approved prior to the Excavation Permit issuance,
14, On-site wells shall be capped below the surface to prevent cross
contamination of aquifer and surface waters.
EXHIBIT 0
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17E
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
******************************************************************************************..**.******
Originating Dept/ Div: Comm.Dev.Serv.lPlanning Person: Willie Brown
\ '\-)
'^J l'_
.,..-->
Date: "3 \ 1. oJ\) 5
Petition No. (If none, give brief description): CU-2006-AR-9337, South Grove Lake
Petitioner: (Name & Address): Agnoli Barber & Brundage, Dominic Amico, 7400 Tamiami Trail North, Naples, FL 34108
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
April 22, 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: CU-2006-AR-9337, Barron Collier
Partnership, LLLP, represented by George L Varnadoe, Esquire, of Cheffy, 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 (BCI/BCP-SSA-9), pursuant to Section 2.04,03 of the LDC for a project to be known as South
Grove Lake, The subject property. consisting of I 58, 7~ acres, is located in Sections 17 and 18, Township 48 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
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~ ern. ~VRf/ot!
Department Head Date
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager, The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*********************************************************************************************.*.....*
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
f1E
RESOLUTION 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE WITHIN A
RURAL AGRICULTURE (A) WITH A MOBILE HOME
OVERLAY ZONING DISTRICT (A-MHO), A PORTION OF
WHICH IS LOCATED WITHIN STEWARDSHIP SENDING
AREA 9 (BCI/BCP-SSA-9), TO ALLOW EARTH MINING AND
THE RELATED PROCESSING AND PRODUCTION OF
MATERIAL FOR A PROJECT TO BE KNOWN AS SOUTH
GROVE LAKE LOCATED ON OIL WELL ROAD IN
SECTIONS 17 AND 18, TOWNSHIP 48 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA.
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, the Board of Zoning Appeals, 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 a Conditional Use, as
required by Section 2.04.03, Table 2, and Section 4.08.06.B.4.b, of the Land Development Code,
to allow earth mining and the related processing and production of material within a Rural
Agriculture (A) with a Mobile Home Overlay Zoning District (A-MHO), a portion of which is
located within Stewardship Sending Area 9 (BCI/BCP-SSA-9), on the property described in
Exhibit "B," and the Collier County Planning Commission has found as a matter of fact (Exhibit
"A") that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection lO,08.00.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 presented.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Page I of 2
-_.._._----.__._..__._~-~-~~-~-- ~-~----_._---_._-_._--~ "~_._--_._-_._--~_._-_._--------
Petition CU-2006-AR-9337 filed by George L Varnadoe, Esq., of Cheffy, Passidomo,
1'7'[
Wilson and Johnson, LLP, representing Barron Collier Partnership, LLLP, with respect to the
property described in Exhibit "B," attached hereto and incorporated by reference herein, is
hereby approved for a Conditional Use pursuant to Section 2.04.03, Tabie 2, and Section
4.08.06.B.4.b, of the Collier County Land Development Code to allow earth mining and the
related processing and production of material within a Rural Agriculture (A) with a Mobile
Home Overlay Zoning District (A-MHO), a portion of which is located within Stewardship
Sending Area 9 (BCI/BCP-SSA-9). for a project to be known as South Grove Lake, in
accordance with the Conceptual Site Plan (Exhibit "C") and subject to the conditions set forth in
Exhibit "D," attached hereto 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 _ day of
,2008.
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, Chairman
Approved as to form and
legal sufficiency:
Exhibits (attached): A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions of Approval
Page 2 of 2
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17E
CU-AR-9337
The following facts are found:
1. Section <text> of the Land Development Code authorizes the conditional use.
2. GHurtffig the conditi:ooal-tlSC will not adversely affect the public interesUmd will not
adversely affect other property or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and Growth Management Plan:
- --------------Yes/-No------ ---- _____nn
A.
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 <text>
_ Affect cannot be mitigated
D, Compatibility with adjacent properties and other property in the district:
Compatible use within district
/
Yes i/ No
Based on the above [mdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>,
DATE: ~... 1, o...C:> <{
CHAIRMAN:jY\ ,~
I
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
In!
, ,.
(1/ ~-,11< " 9:1 J 7
The following facts are found:
1.
Section <text> of the Land Development Code authorized1:b.e cuuJiliunal 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
--beGause-()f.;.---------n -------,- - ________ n
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:
_ No affect or ~ Affect mitigated by <text>
_ 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 [mdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: ,?... 2()- O~
MEMBER:
EXHIBIT A
lIE
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. SectIon <text> of tlie Land Development Code authorized the conditional use::.
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:___ '_~_______________ __ ______
2.
A. Consistency with the Land Development 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:
Adequate ingress & egress
Yes ~ No
C, Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ct mitigated by <text>
_ Affect cannot be mitigated
D, Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>,
DATE: 3 I ~ 0 J D b
I I
MEMBE~ ~
EXHIBIT A
17t
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1 Section <text> ofth~ T .:mcl Development Code authorized the conditional use.
2. Grantmg 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 @d 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:
% affect or _ Affect mitigated by <text>
_ 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 fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>,
DATE: .gfrcJ~ y
I (
EXHIBIT A
11{
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COM:MISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-.ftR-Q317
The following facts are found:
1. Section <'text"> of the Land Development (;nnf': :mthnr1zed the conditional use.
2, Granting the condItional use WIll not adversely affect tlie 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:
C.
Adequate ingress & egress /
Yes V No
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or /Affect mitigated by <text>
_ 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 <text>.
DATE: ? --;{ 0 -' 0 f
MEMBER:
12/
(
EXHIBIT A
'1", "'11, ~E'.' .,,'
; "l' !
I; :,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
c,vt ' ftR.. -q ~-:z,; 1
The following facts are found:
1. Section <text> of the Land Development Code authorized the comliliullC:l.1 u:;e.
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 I No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within di"
Yes No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>,
DATE: 3/:10/ OK
I I
MEMBER: ;.}tVnl1.~ ~d. ~
EXHIBIT A
,11E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code authorlZed 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 <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes 'f..... No
Based on the above findings, this conditional use should, with st ulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: M~lt(}tZO 1LO~
EXHIBIT A
l'1E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1 Se~t;on <text> of the T ,and Development Code authorized the conditional use.
2. Urantmg the conditional use will not adversely affect the publil.: illtell::::sl i:lllJ 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
effect/'
~ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>, ' .to / - 0C/? v.:;;r-/
;f/ti"P b;e/
'J iDcJ,-O?
DATE: MEMBER:
EXHIBIT A
l'7E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1, Section <text> of the Land Development Code authorized lht': l;ullllitiuual 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 ?evelopment Code and Growth Management Plan:
Yes I 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 I No
Affects neighboring properties in relation to noise, glare, economic or odor
effects: 1
No affect or Affect mitigated by <text>
_ Affect cannot be mitigated
D,
Compatibility with adjacent properties and other property in the district:
I
Compatible use within distrif
Yes j No
DATE:
j 2fJ og
MEMBER:
//
/'
Based on the above findings, this conditional use should, wi
(should not) be recommended for approval <text>. I
EXHIBIT A
1'?t ...
LEGAL DESCRIPTION
LEGAL DESCRIPTION
.a. PAR.C:EL OF LJ.ND LYING IN SECTIONS 17 Ak"D 18, TO\l"NSHIP 48 SOUTH, RA.~GE 29 EA.'ST, COLLER
COUNTY, FLORIDA, BErNG MaRE P..utTIa...'LARLY DESCRIBED AS FOLLO\VS;
COMMEh"ClNG AT TIm SOUTHEA.STERL Y CORk'ER OF SECI'liON 18:
!HENCE NORTH OlQOZ'14"' liVEST Al.Oh1G THE EASTERLY LINE OF SAID SECTION 18 A DISTANCE OF
150.00 FEET TO THE ron-iT OF BOOn...1NlNG OF THE P.'\RCEL HER.EIN BEING DESCP..IBED;
mBNCE SOUTH SS~56'46" VlEST ALONG A LThIE lSO.00 FEET NORTHERLY nOM .i\i.'ID PARALI...HL U<"lTH
nm SounmRL Y LINE OF THE SOUTm!AST QUARTER (It'4) OF SAID SECTION 1 S A DISTA.7o,TCE OF
2,645.04 FEET;
mENCB LEA VENa SAID LINE SOL'TH 8&"56'26" WEST ALONG A LINE 150.00 FEET NORTHERLY FROM
AND PARALLEL VlITH THE smrrElERLY LINE OF TIm SOUTHWEST QU.JjRTER (114) OF S.4JD SECTION
IBA DISTANCE OF 1,314.00 FEET;
'IHEl\"CE LEAVING S..uD LJl-.i"E NORTIi OOQIO'3-Q" VlEST A DlSTANCE OF 135.14 FEET;
mENCE SOtITH 88'12'04" UfEST A DISTJc~CE OF 867.1$ FEET TO Al\\' INTERSECTION U'ITH TIm ARC OF
A NON-TANGTh'1' CURVE GONC."-'\lB NORTHEASTERLY AND 'i\'HOSE RAD,ru'"S POarr BEARS NORTH
0IQ4S'4S"'WE3T A DISTANCE OF 191.10 FEET;
!HEI...,.ca NORTHWESTElU. Y ALONG THE: ARC OF SAID NON-TANGENT CURVE THROUGH A CENTRAL
ANGLE OF &1"02'28" AN APJ: DISTANCE OF 270.30 FEET,
!HENCE NORTH 10"46'18" 'W"EST A DISTANCE OF J92.40 FEET TO THE BEGrt-.'NING OF A Ct)XVE
CONCA"'E EASTERLY AJ\'D HAVING AR.o\DIUS OF 791.10 FEET;
THE.'fCE NORmERLY ALOl\,'U nIE. ARC OF SAID ctJRVE nmoUGH A CENT'R.llJ. ANGLE OF n"I15'21 "
AN ARC DISTA.1>.JCE OF 30'1' .52 FEET;
THENCE :NORTH llQ30'04" EAST A DISTANCE OF 3OS.21 FEET TO THE BEGINNING OF A CtJRVE
CONC.JL\'E SOUIHEASTERLY ANTI HAVING A RADIUS OF 216.1 o FEET;
mENCE NORTHEASTERLY ALONG 1HE .~C OF SAID CURVE THROUGH A CENTR.o\L AJ.~GLE OF
77"26'16'" AN ARC DISTANCE OF 29:!.1)7FEET;
!HENCE l\iQRTH g8'5~2()" EAST A DISTAN"CE OF 407.42 FEET TO TEE BEGINNING OF A CUX'\"E
CONCA"'E SOUTH\lJ'ESTSFL Y Jc"ID HN\!iNG A RADIUS OF 116.1 () FEET;
THENCE SOU'I'HEASTERL Y ALONG THE ARC OF S.>\ID a;'R\?E TIIRO'l1GH A CENTR.o\L k'l'GLE OF
73"16'12" AN ARC DISTAh"CE OF 148.47 FEET;
THENCE Sot;"1H 17"472&" EAST A DISTA.~CE OF 264.86 FEET TO !HE BEGIl\i'N!NG OFA CUR.VE
CONCA'\lE NORTHE..4SIERL Y A..,"m HA V!NG ARADmS OF 51.90 FEET;
nmNat SOUTHEASTERLY ALONG THE ARC OF SAID ct)"RVE TIIROUGH A CEN'I'P.:.o\L ANGLE OF
72"10' 38'" _~ ARC DISTANCE OF 'N,20 FEET;
IHEhi'CE SOU'"'l'H 89~58' 52- EAST A DISTANCE OF 220A4 FEET;
'mE.l\.;cE NORTH OO~l'40'" EAST A DISTANCE OF 275.46 FEET;
THENCE NOR.m 89'14'19'" EAST A DISTANCE OF 3,97HO FEET~
'IHEh'lCE NORTH &9'31'56'" EAST A DISTANCE OF 242.19 FEET;
!BENCE soum 00"27'04" B.AST A Dtsn.,,~CE OF 1,303.43 r'El::::! 1'0 AN n..rrERSECTION WIrli A LINE
150.00 FEET NORTHERLY FROM .4.lm Pl"RAlLEL \\'Trn THE sounmRL Y LINE OF mE AFORESAID
SECTION 17;
nmNCE ALONG SAID PARAUEL LINE SOUTH 8:8"55'30" \l,'EST A DISTANCE OF 285:79 FEET TO THE
POll'<'T OF BEGlJI;.NING OF THE PARCEL HEREIN DESCRIBED:
CONTAINll\'G 158.68 ACRES OF LAND, MOP-EOR LESS;
5'L1BJECT TO EASEMENTS A"tm RESTRICTIONS OF RECOP..!),
AGNOLl, BARBER AND BRt.l},;'DAGE, lNC.
PROFESSIONAL ENGn'l'EEitS. PLANNERS & SURVEYORS AND MAPPERS.
CU-2006-AR-9337, South Grove Lake CD
EXHIBIT B
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EXHIBIT C
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CONDITIONS OF APPROVAL
South Grove Lake
CU-2006-AR-9337
1. The conditional use approval to allow earth-mining shall be limited to
what is depicted on the master site and excavation plan, entitled
"Conditional Use Conceptual Site Plan", dated May 22, 2007,
prepared by Agnoli, Barber & Brundage for Barron Collier
Partnership, LLLP.
2. Excavation shall be limited to the 2 proposed lakes, the western earth
mine lake and eastern storm-water management lake, totaling no more
than 131 acres as permitted by SFWMD for purposes of water quality
treatment and storage of storm-water run-off.
3. The single isolated 0041 acre wetland shall be preserved and
maintained with a minimum 25-foot upland buffer, and all category 1
exotics shall be removed for purposes of maintaining HSA
interconnectivity for bear and panther habitat areas.
4. 100' of throat depth shall be maintained on the entrance road at all
times.
5. The entrance radius shall be at minimum 75' until such time that Oil
Well Road is expanded and a right turn lane is constructed.
6. Quarterly monitoring reports will not be required until such time that
the project begins the sale of material to the public. Material provided
for a public road project and Ave Maria will not be considered public
sale.
7. A letter must be sent to the Zoning Director and Transportation
Planning Director prior to the commercial sale of material.
8. Once the site begins the sale of material to the public, the applicant
will begin to provide quarterly monitoring reports detailing the daily
sale of material and trips onto the public roadway. The applicant may
provide as an option a $1 heavy vehicle charge for every loaded
EXHIBIT 0
l1E ~,.
vehicle which leaves the site made payable to the Board of County
Commisioners in lieu of the requirement to monitor, repair and
resurface the adjacent roadway. This payment will be made quarterly
with the monitoring report,
9. The site plan noted is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable
federal, state and county laws and regulations.
10. The Department of Zoning and Land Development Review Director
may approve minor changes in the location, siting, or height of
buildings, structures, and improvements authorized by this conditional
use, so long as these minor changes remain consistent with all
applicable development standards.
11. The mitigation plan to compensate panther (Felis concolor coryi)
habitat impact by the project proposed by the applicant shall be
approved by the US Fish and Wildlife Service (USFWS);
12. The Conservation Easement for the on-site wetland preserve shall be
approved prior to the Excavation Permit issuance by Collier County;
13. Littoral Shelf Planting Area final location for eastern lake shall be
approved prior to the Excavation Permit issuance.
14. On-site wells shall be capped below the surface to prevent cross
contamination of aquifer and surface waters.
EXHIBIT D
17E
March 27, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Petition CU-2006-AR-9337 - South Grove Lake
Dear Legals:
Please advertise the above referenced notice on Sunday, April 6, 2008 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office,
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.lAccount # 131-138326-649100
NOTICE OF PUBLIC HEARING
11E'H
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, April 22,
2008 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE WITHIN A RURAL AGRICULTURE (A) WITH A MOBILE
HOME OVERLAY ZONING DISTRICT (A-MHO), A PORTION OF WHICH IS
LOCATED WITHIN STEWARDSHIP SENDING AREA 9 (BCI/BCP-SSA-9), TO
ALLOW EARTH MINING AND THE RELATED PROCESSING AND PRODUCTION
OF MATERIAL FOR A PROJECT TO BE KNOWN AS SOUTH GROVE LAKE
LOCATED ON OIL WELL ROAD IN SECTIONS 17 AND 18, TOWNSHIP 48
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA
The Board will consider Petition: CU-2006-AR-9337, Barron Collier
Partnership, LLLP, requested by George L. Varnadoe, Esquire, of
Cheffy, 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 (BCI/BCP-SSA-9), pursuant to Section 2.04,03 of the 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
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.
17E '" ~ ,,~
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
:eoue~y()fC:ol1ier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI 1Z.~IL EAST
P.O. BOt. 413044,
NAPLES, FLORIDA ':f41 0 1-3044
*
'17E
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 27, 2008
Agnoli, Barber & Brundage
Dominic Amico
7400 Tamiami Tr. N, Ste 200
Naples, FL 34108
Re: Petition CU-2006-AR-9337, South Grove Lake
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 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 6, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~/~
Martha Vergara, Deputy Clerk
Enclosure
Phone- (239) 732-2646
We bsi te- www.c1erk.collier.fl.us
Fax- (239) 775-2755
Email- collierclerk@c1erk.collier.fl.us
,,-.. -
Martha S. Vergara
17\
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Friday, March 28, 2008 10:38 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT446911 ,txt; CU-2006-AR-9337-South Grove Lake
'~-
I~,
!= .
F:::-,-:::;l
U
ATT44691Uxt
(231 B)
CU-2006-AR-9337-
South Grove La..,
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Friday, March 28, 2008 12:00 PM
To: Martha S. Vergara
Subject: RE: CU-2006-AR-9337-South Grove Lake
OK
Page 1 of 1
17E
-!
.,
~____~~__.___~._~,_--c__._~,._,>_.~___~"_,_~___~,__'<' <-~,--<..--~_...;~",_.__._-_._----_._..<<----~.~--_..~-------~^
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Friday, March 28, 2008 10:38 AM
Posted To: Legals - NON
Conversation: CU-2006-AR-9337-South Grove Lake
Subject: CU-2006-AR-9337-South Grove Lake
Pam,
Here is another
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
3/2812008
Th.Th,
NAPLES DAIL Y NEWS
Published Dail.'>
Naples, FL :\-l J()2
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they sene as the authority. personally
appeared Il.Jc'anlb, \\ho on oath says that they
sen'e as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples. in Collier County.
Florida: distributed in Collier and Lee counties of Florida: that
the attached copy of the ad\ertising. being a
PUBLIC NOI1C~
in the matter of PUBLIC NOTICE
\\as published in said newspaper I time in the issue
On April (l,h. 2008
,\f1iant fill1her sa\'s that the said l\aples Daily :\ews is a newspaper
Published at :\apks. 111 collier county, Florida and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each da\' and has been entered as second cia" mail matter at the post
office in '\;apIcs_ in said Colher County, Florida, for a penod of 1
,'car ne\t preceding the first publication of the attached copy of
a,!\ertisclllenL and affiant further says that he has neither paid nor
promised all!, p~rSOIl_ firm Of corporation anv dlsl...'ounL fl..:hale.
commission or rclund for the purposc ofsceuring thIS advertisement j(,r
public'at;oll illlhe said Ilcw'paper
/J,~
( Signature of affiant)
Sworn to and subscribed before me
This 6'1', Day Of April 2008
(Sig;,~~
&~
:,~~:f.\~:'r~,*~ NANCY ~ANS
=./rb,\.:. Commission DD 657030
\~'~'~:$ Expires July 18, 2011
FE! 5')-2578:\27 'l/4,iif."ir'$o" BondlldThru Troy Fain IMUtlln<:e81JO.385-7019
'CBOARD Q,F' COUNTY
OMMISSlONERS
K~k/~iU COUNTY.
m~ HEN141NG, CHAIR.
gL1~~H" E. BROCK.:
DBy: Mart,ha v.erQaral
eputy Clerk' .
(SEAL)
Apr. 6 No. 1687707
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original documcnt Original documents should be hand dclivered to thc Board Office. The completed routing slip and original
documents are to be lbrwarded to the Board Ollice only Jl!k[ the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. [fthe document is already complete with the
exce tion of the Chairman's si ature draw a line throu h routin lines # [throu #4, com lete the checklist, and forward to Sue Filson line #5 .
Office Initials Date
l7,:;
4,;
t~e5
~ I c}3JOY
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval, Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oflhe 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 Willie Brown
Contact
Agenda Date Item was 4/22/08
A roved b the BCC
Type of Document
Attached
Phone Number
213-2993
Agenda Item Number
17E
Resolution
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's X
Office and all other arties exce t the BCe Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the X
document or the final ne otiated contract date whichever is a Hcable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's X
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip X
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!
6. The document was approved by the BCC on 4/22/08 (enter date) and all X
changes made during the meeting have been incorporated in the attached document.
The Coun Attorne's Office has reviewed the chan es, if a Iicable.
1: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
____"__............_...,.,__~_ 171'
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RESOLUTION 08- 1] 5
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
EST ABLISHMENT OF A CONDITIONAL USE WITHIN A
RURAL AGRICULTURE (A) WITH A MOBILE HOME
OVERLA Y ZONING DISTRICT (A-MHO), A PORTION OF
WHICH IS LOCATED WITHIN STEWARDSHIP SENDING
AREA 9 (BCI/BCP-SSA-9), TO ALLOW EARTH MINING AND
THE RELATED PROCESSING AND PRODUCTION OF
MATERIAL FOR A PROJECT TO BE KNOWN AS SOUTH
GROVE LAKE LOCATED ON OIL WELL ROAD IN
SECTIONS 17 AND 18, TOWNSHIP 48 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA.
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, the Board of Zoning Appeals, 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 a Conditional Use, as
required by Section 2.04.03, Table 2, and Section 4.08.06.B.4.b, of the Land Development Code,
to allow earth mining and the related processing and production of material within a Rural
Agriculture (A) with a Mobile Home Overlay Zoning District (A-MHO), a portion of which is
located within Stewardship Sending Area 9 (BCI/BCP-SSA-9), on the property described in
Exhibit "B," and the Collier County Planning Commission has found as a matter of fact (Exhibit
"A") that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 1 0.08.00.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 presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Page I of 2
17E
Petition CU-2006-AR-9337 filed by George L. Varnadoe, Esq., of Cheffy, Passidomo,
Wilson and Johnson, LLP, representing Barron Collier Partnership, LLLP, with respect to the
property described in Exhibit "B," attached hereto and incorporated by reference herein, is
hereby approved for a Conditional Use pursuant to Section 2.04.03, Table 2, and Section
4.08.06.B.4.b, of the Collier County Land Development Code to allow earth mining and the
related processing and production of material within a Rural Agriculture (A) with a Mobile
Home Overlay Zoning District (A-MHO), a portion of which is located within Stewardship
Sending Area 9 (BCI/BCP-SSA-9), for a project to be known as South Grove Lake, in
accordance with the Conceptual Site Plan (Exhibit "C") and subject to the conditions set forth in
Exhibit "D," attached hereto 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 (}+'f\d day of
A~ri\
,2008.
ATTEST:,. , ~\. .
. '. .." I ,
DWIG.tf'T 'E. BROCI>-, CLERK
'/~ .
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: '/
Attest atto~ Ch~.trm~_:~D pu
s 1 gnature on 1 j, b Ii -1 i. -.J . . .
Approved as to form and
legal sufficiency:
Exhibits (attached): A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions of Approval
Item# DL
Page 2 of 2
17E
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-9337
The following facts are found:
1. Section <text> of the Land Development Code authorizes the conditional use.
2. 01 i::1lltlng the-conditi-onal-use-wiH-net--aclversel-y-affooUhe-pul:Hi~terest-and-wil1 not
adversely affect other property orus~~_~ t~e same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
/ No
Yes
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 fITe or catastrophe:
Adequate ingress & egress
Yes~. No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
\/~o affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
/
Yes t/ No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: 4) ...to/D ~
CHAIRMAN: tV\ ~
I
EXHIBIT A
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17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
(d/.11< " 9JJ7
The following facts are found:
1. Section <text> of the Land Development COO:e autb:orizedth1;CillIditiumrl-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-tL- 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:
_ No affect or / Affect mitigated by <text>
_ 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 fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: J... 2CJ_ 0(1'
MEMBER:
7n rnf1t1-
4(10 /0
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17E
The following facts are found:
1. ----sectIOn <text> of me Land Developmenrcooe autl1onzed-fue 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:
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 fITe or catastrophe:
Adequate ingress & egress
Yes ~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or bct mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
MEMBE~ ~
DATE: ?> ! dO} D ~
I /
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~7Jol(P
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1 Section <te:x~theL~nd Development Code 3uthorized1he conditional use.
2. Grantmg the condItlona1 use wIll notOOversely affect the puolic 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:
/No
Yes
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety cw.d convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress /
Yes /' No
- -
C. Mfects neighboring properties in relation to noise, glare, economic or odor
effects:
%: affect or _ Affect mitigated by <text>
_ 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 fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: g;id~ Y
I I
'lnlnplJ-
(,;:J 1;/(."
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
C U - ,AR- q3~1
The following facts are found:
1. Secti~~andDev-eloprnent (;one ~mthon7ed1he..ron.ditional use.
2. Granting the condItional use wIll not adversely affeCtt11e puNic 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 t/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or / Affect mitigated by <text>
_ 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 <text>.
DATE: 3..-- ~ 0 - 0 f
MEMBER:
1V' ..../}
. .. . ,~"
(
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17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
c,vt. / Iff.. -q 37;; 1
The following facts are found:
1. Section <text> of the Land Development Code authorized the condiliollal 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 I 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 I No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within di7
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: 3/ :lfJ/ a g
I I
MEMBER: MtYnl1.<<-" ~~ ~
nrnuJ.-!)-
8'b((..
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code aiillionzed 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:i...- 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 <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
DATE: M~C';-ZO W13
Yes '" No
Based on the above findings, this conditional use should, with stl u1ations, (copy attached)
(should not) be recommended for approval <text>.
7nrn,a/J-
'3e-'W'-'
17E ~lI~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1 Section <text> oftne T ,and Development Code authorized the conditional use.
2. Urantmg the conditional use will noTadverse1y affect lhe-pubtic inlele:sl i:\.lid wilt--
not adversely affect other property or uses in the same district or neighborhood
because 0 f:
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: .
~o affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~o
"h1?1~.a-
/0 Coiro
17E
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code autlrorized th~ 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 pevelopment Code and Growth Management Plan:
Yes j 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 I No
Affects neighboring properties in relation to noise, glare, economic or odor
effects: /
No affect or L Affect mitigated by <text>
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within distr~
Yes j No
MEMBER:
/'
Based on the above findings, this conditional use should, wi
(should not) be recommended for approval <text>. I
DATE: 36108
I i
I
~ r ulations, (copy attached)
7n?J1 jl tJ,
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17E
LEGAL DESCRIPTION
LEGAL DESCR.JPTION
A PARCEL OF LAND LYTI-m TI-J SECTlONS 17 A}.oD 18, TO\'\1\'SH!? 48 '":iOUTH. RA:',K..E ~9 EAST, COLLIER
COmITY, FLOJ.IDA. BEING ~!OP..E PAR TICULARL Y DESCRIBED AS FOLLO\VS:
COMMENCThJG AT THE 50UTHEASTE1U.Y COR}.."ER OF SECTION llL
THENCE NORTH OPO!'t4' \VEST ALONG THE EASTElU. Y UNE OF SAID SECTION 18 A DISTANCE OF
150J)D FEET TO THE POlKT OF BEGlli"'N1NG OF THE PARCEL HEREn<: BEn..;'G DESCRIBED:
nmNCE SOUTH 88"56'46" '),"E5T ALONG A Ul-;E 150,00 FEET NORTHERLY FROM A.,'.,'O P.4.RALLEL "'TIH
THE SOUTHERLY Ll}.,l'E OF THE SOUTHEAST QUARTER (IA} OF SAID SECTION 18 A DlST.~~CE OF
2.645.04 FEET.
THENCE LEAVING SAID llNE SOUTH 33"'56'26" WEST ALONG A I..IKE 150.00 FEET NORTHERLY FROM
AN"D PARALLEL w'ITH TI-:E SOUTHERLY t]l.,l'E OF TIm SQlJTH"vlEST QU.:utTER (14) OF SAID SECTION
18A DISTANCE OF 1,31400 FEET:
THENCE LEAVING S.A.ID I..IKE NORTH 00"10'30" '..llEST A DISTANCE OF B5.14 FEET:
THENCE SOT..TTH f$8'12 '04" i'\:'ES T A DISTA..'JCE OF S6:.1 B FEET TO AJ', INTERSECTION 1.V1TH THE ARC OF
A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AJ'.."D V/HOSE RADR.rS POI}.,,,. BEARS NORTH
01"43'45' \\'E5T A DISTANCE OF 19110 FEEL
mENCE NORTHi.1lESTERl. Y ALONG THE ARC OF SAlD ;-';O:'.I.TANGENT CUR\"E THROUGH A CENTRAL
ANGLE OF 81 '02'23" Al, AR(' DISTANCE OF 270.3C' FEET.
THENCE NORTH W.46'IS' WEST A DISTANCE o.F 39Z.4C'FEET TO. THE BEGlK~iTI\'G OF A Ct:'RVE
CONCAVE EASTERLY ANTI HA\'1NG A RADIUS OF '79UO FEET:
'rnENeE NORTHERLY ALOKG THE ARC OF SAID CURVE 'I'HRQUGH A CENTR.-u. ANGLE OF 22.1621"
AN ARC DISTA:\ICE OF :;O....5~ FEET,
THENCE NORTH 11"30'04" EAST A DISTANCE OF 30&.2lFEET ro THE BEGINNING OF A C1.JR~~"E
CONCA\"E SOtlTHE.'l.STERL Y fi'}"DHA\1NG AR.IDn;s Of 11610FEET:
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR.-li ANGLE OF
77<26'16' AN ARC DI':>TAJ'KE OF 291.07 FEET:
THENCE No.RTH &E'56'~0' EAST A DISTANCE OF 4>:): A~ FEET TO THE BEGl.).rNl}IG OF A CL'RVE
CONCA'..."E SOlJTHV,'ESTERL Y A:l-<'D HA'..1NG A F~o\Dn;s OF 116.10 FEET.
THENCE SOUTHEASTERLY Al.ONG !HE ARC OF SAID CURVE THROUGH A CE1\TRAL ANGLE OF
73"16'U' AN ARC DIST.4.NCE OF 148.47 FEET:
THENCE SOL'TH 17"4728" E."'-':>T A. DISTANCE OF 26486 FEET TO. THE BEGn~m<G o.F A CURv"E
CONCA\"E NORTHE.:'.STERL Y A}ID H.o\VIl'iG A RADms OF 58.90 FEET:
THENCE SOUTHEAs:rERL Y ALONG THE .4.RC OF SAID Cl.7R T,,'E THROUGH A CENTRAL A:\lGLE OF
n<10'3B:' AN ARC DISTANCE OF '74,2\:. FEET:
THENCE SOL'TH 89<58'52' EAST A DISTANCE OF 220,4,4 FEET;
THENCE NORTHOO'Ol'40' EAST A DISTANCE o.F ~:546 FEET:
THENCE NORTH 89'14'19' E.o\ST A DISTANCE OF ],9'7741) FEET.
'Ji'HEh"CE NORTH 89'32'56' EAST A DISTANCE OF ~42.1~ FEET:
!HENCE SOUTH 01)<27'04" EAST A DISTA_\iCE OF 1.30343 FEET TO .4.N Ih'TERSECTION \'loUR A u'NE
15000 FEET NQRTHERLY FROM AIm P.4.RALLEL \\'ITH THE sounlERL Y LINE OF mE AFORESAID
SECTION 1'7;
THENCE ALONG SA1D PARALLEL LD'iE sor...1TH 83'55'30" WEST A DISTA:.JCE OF 285.79 FEET TO THE
POlKT OF BEGD'."NING OF THE P.4.RCEL HEREI!\' DESCRIBED:
CONTAThlIN<:i 158.68 ACRES OF LAND. MORE OP, LESS:
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
A.GNOLI, BARBER AND BRmmAGE. !>lC
PROFESSIONAL ENG!}"'EERS, PLA,N"NEF.S & S1..TRVEYOltS AND MAPPERS
CU-2006-AR-9337, South Grove Lake CU
EXHIBIT B
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17E
CONDITIONS OF APPROVAL
South Grove Lake
CU-2006-AR-9337
1. The conditional use approval to allow earth-mining shall be limited to
what is depicted on the master site and excavation plan, entitled
"Conditional Use Conceptual Site Plan", dated May 22, 2007,
prepared by Agnoli, Barber & Brundage for Barron Collier
Partnership, LLLP.
2. Excavation shall be limited to the 2 proposed lakes, the western earth
mine lake and eastern storm-water management lake, totaling no more
than 131 acres as permitted by SFWMD for purposes of water quality
treatment and storage of storm-water run-off.
3. The single isolated 0.41 acre wetland shall be preserved and
maintained with a minimum 25-foot upland buffer, and all category 1
exotics shall be removed for purposes of maintaining HSA
interconnectivity for bear and panther habitat areas.
4. One hundred feet of throat depth shall be maintained on the entrance
road into the project from Oil Well Road.
5. A 75 foot minimum turning radius will be maintained on the entrance
road until such time as a right turn lane is provided as a result of the
expansion of Oil Well Road.
6. Quarterly monitoring reports will not be required until the sale of
earthen materials form the project to the public begins. The provision
of earthen materials to Collier County for public roadway projects and
the use of earthen materials in Ave Maria will not be considered a
public sale.
7. Prior to the sale of earthen material to the public, a letter must be sent
notifying the Zoning Director and Transportation Planning Director
that the commercial sale of earthen material is beginning and quarterly
monitoring will begin.
Final version 3-26-08
EXHIBIT D
'7Jl ?JtA *' ((.,
17E
8. Upon commencement of the public sale of earthen materials, the
applicant will begin to provide detailed quarterly monitoring reports.
These reports must include but not be limited to the amount of earthen
material sold from the site and the number of heavily loaded vehicles
leaving the site.
9. The applicant has the option of making payment in the amount of a
$1.00 per truck charge for every heavily loaded truck leaving the site.
If such payments are made by the applicant, they shall be made
quarterly with the submission of the quarterly monitoring report.
Such payments will be made payable to the Board of County
Commissioners. These payments will be made for the purpose of road
maintenance in lieu of providing for inspections of and repairs to the
roadway and adjacent roadway network impacted by the heavily
loaded trucks coming from the subject site.
10. The site plan noted is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable
federal, state and county laws and regulations.
11. The Department of Zoning and Land Development Review Director
may approve minor changes in the location, siting, or height of
buildings, structures, and improvements authorized by this conditional
use, so long as these minor changes remain consistent with all
applicable development standards.
12. The mitigation plan to compensate panther (Felis conca/or coryi)
habitat impact by the project proposed by the applicant shall be
approved by the US Fish and Wildlife Service (USFWS);
13. The conservation easement for the on-site wetland preserve shall be
approved prior to issuance of the excavation permit by Collier
County.
14. The final location of the littoral shelf planting area for the eastern lake
shall be approved prior to the issuance of the excavation permit.
15. On-site wells shall be capped below the surface to prevent cross
contamination of aquifer and surface waters.
Final version 3-26-08
'lYItrr a.4-
I(;~/"
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17F
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement XX 0 Other:
(Display Adv., loeation, ete.)
**********************************************************************************************************
Originating Dept/ Div: County Attorney
Person: David C. Weigel
Date: April 4, 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 BCC XX BZA Other
Requested Hearing date: (Based on advertisement appearing IO days before hearing. April 22, 2008
Newspaper(s) to be used: (Complete only if important):
xx Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & eommon location & Size:
AN ORDINANCE ESTABLISHING THE REQUIREMENT FOR THE COLLECTION OF
"OFFENDER REGISTRATION FEES" FROM INDIVIDUALS IDENTIFIED BY FLORIDA STATUTE
AS A CONVICTED FELON, CAREER OFFENDER, SEXUAL OFFENDER OR SEXUAL PREDATOR,
PROVIDING FOR FINDINGS AND INTENT, PROVIDING FOR APPLICABILITY, PROVIDING FOR
DEFINITIONS, PROVIDING FOR COLLECTION, EXEMPTIONS, FAILURE TO PAY AND
DISTRIBUTION OF FEES, PROVIDING FOR PENALITIES, PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES,
AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: NI A
Does Petition Fee include advertising cost? 8Yes 0 No If Yes, what aecount should be charged for advertising costs:
t~cf
List Attachments: (I) Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to 0 Requesting Division 0 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 OFFIC~ USE ffr-)Y: 0"
Date ReceIVed: If I 'l) c
Date of Public hearing: !J j 22/ 0 <is'
Date Advertised: ~
ORDINANCE NO. 2008 -
AN ORDINANCE EST ABLlSHING THE REQUIREMENT FOR THE
COLLECTION OF "OFFENDER REGISTRATION FEES" FROM
INDIVIDUALS IDENTIFIED BY FLORIDA STATUTE AS A CONVICTED
FELON, CAREER OFFENDER, SEXUAL OFFENDER OR SEXUAL
PREDATOR, PROVIDING FOR FINDINGS AND INTENT, PROVIDING FOR
APPLICABILITY, PROVIDING FOR DEFINITIONS, PROVIDING FOR
COLLECTION, EXEMPTIONS, F1ILURE TO PAY AND DISTRIBUTION OF
FEES, PROVIDING FOR PENA~TIES, PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
l'7F
WHEREAS, the Board of County Commissioners is concerned for the welfare and
safety of our children and adult citizens of Collier County, and;
WHEREAS, the Board of County Commissioners is aware of the ever increasing
national, state and local mandates, the majority of which are unfunded, which require the
monitoring, tracking and managing of individuals classified as Career Offenders, Convicted
Felons, Registered Sexual Offenders and Sexual Predators; and
WHEREAS, the Board of County Commissioners of Collier County recognize that the
processes of registering, tracking and monitoring Career Offenders, Convicted Felons, Sexual
Offenders and Sexual Predators, who have been released from custody, and who are required by
Florida law to register with the Sheriff and have their addresses physically verified, is costly and
time consuming; and
WHEREAS, it is the intent of this Ordinance to serve the County's compelling interest
to promote, protect and improve the health, safety and welfare of the citizens of the entire
County by supporting practices that enhance the tracking, monitoring and management of these
high risk offenders; and
WHEREAS, the Board of County Commissioners wishes to establish a policy requiring
the collection of a Registration Fee from individuals designated by Florida Statutes as a
"Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator", which would
provide funds to offset the Sheriffs increased expenses associated with tracking, monitoring and
managing the aforesaid offenders within Collier County. The ability to offset these associated
expenses would promote the protection of our citizens through enhanced enforcement efforts.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: This Ordinance shall be known as the Offender Registration Fee Ordinance.
SECTION TWO: Findings and Intent.
(a) Each individual designated by the State of Florida, or by any other Statute of any
other State of the United States, or by the Government of the United States or any agency thereof
as a "Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator" and who is
required by any such law to register in the State of Florida, as a "Convicted Felon", "Career
Offender", "Sexual Offender" or "Sexual Predator" represents an increased risk of harm to the
citizens of Collier County.
(b) Protecting the citizens of Collier County from harm is enhanced by recognizing
the risks that said individuals represent while residing in Collier County and providing the
necessary resources to ensure the proper monitoring, tracking, registering and management of
their presence.
(c) It is the intention of this Ordinance to be regulatory in nature and non-punitive,
relating to the purpose of promoting, protecting and improving the health, safety and welfare of
all the citizens of Collier County and to protect the children of Collier County and other potential
victim(s) from potential victimization by registered Convicted Fclons, Career Offenders, Sexual
Offenders and Sexual Predators.
SECTION THREE: Applicability.
l'7F
This Ordinance shall apply to incorporated as well as unincorporated areas of Co]lier
County.
SECTION FOUR: Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning.
(a) Registered Sexual Offender or Registered Sexual Predator means an individual
who is required to register with the Sheriff as a "Sexual Offender" or "Sexua] Predator", as
prescribed under Section 775.21, 943.0435 and 944.607, Florida Statutes (a]so known as the
Florida Sexual Predator Act).
(b) Convicted Felon means an individual who is required to register with the Sheriff
as a Convicted Fe]on as prescribed under Section 775.] 3, F]orida Statutes.
(c) Career Offender means an individual who is required to register with the Sheriff
as a Career Offender as prescribed under Section 775.261, Florida Statutes.
(d) Initial Registration means the first registration, which is outlined and described
within Sections 775.13, 775.261, 775.21, 943.0435 and 944.607, Florida Statutes; whereby an
individual is required to register with the Collier County Sheriff upon release from incarceration
or upon their arrival in Collier County as a temporary or permanent resident. This constitutes a
maximum one time fee, per annum,
For each Career Offender, Convicted Fe]on, Sexual Offender and Sexual Predator that is
currently registered, the Initia] Registration fee shall apply during their first initial registration or
re-registration, following passage of this Ordinance,
(e) Re-registration means any subsequent registration process with the Sheriff, which
updates and otherwise validates an individual's information based on requirements of Sections
775.21, 943.0435 and 944.607, Florida Statutes, Re-registration consists of bi-annua] and
quarterly re-registrations based on certain offense criterion outlined within Florida's Sexual
Offender and Sexual Predator statutes. This constitutes a recurring fee.
(f) Address Change means any subsequent registration process whereby the
individual reports to the Sheriff a change, modification or addition in either a temporary or
permanent address (excluding changes made during required quarterlylbi-annual re-
registrations), whereby the individual's change of address requires personal verification. This
constitutes a recurring fee.
SECTION FIVE: Collection of Registration Fees from Convicted Fe]ons, Career
Offenders, Sexual Offenders and Sexual Predators, failure to pay registration fees,
disposition of collected fees, penalties.
(a) Collection of fees. Any individual who is required to register, re-register or
report changes of either a temporary or permanent address, or modify statutorily required
information to the Sheriff, as a Convicted Felon, Career Offender, Sexual Offender or Sexual
Predator shall pay to the Collier County Sheriff's Office the following fees for such services:
Initial Registration ~ the sum of seventy-five dollars ($75.00).
Re-registration ~ the sum of twenty-five dollars ($25.00).
Address I Information Change - the sum often dollars ($10.00).
2
I. Said payment shall be paid at the time of registration and shall be paid in
exact change / cash or certified funds, no personal checks. Said fees are non-refundable
and non-transferable to or from other counties or jurisdictions with similar registration
fee structures.
1"7F
2. All Registration Fees paid by a Convicted Felon, Career Offender, Sexual
Offender or Sexual Predator shall be recorded and a copy of the receipt provided thereof
(b) Exemptiolls alld Failure to Pay Registratioll Fees. The Sheriff shall not refuse to
register, re-register or modify an address or required information of a person, who does not pay
the fee, at the time of registering as required by this Ordinance.
I. The Sheriff shall immediately invoice all unpaid fees and provide a copy
to the Convicted Felon, Career Offender, Sexual Offender or Sexual Predator for
payment. All invoiced fees shall be paid within thirty (30) days of invoicing.
2, Any portion of invoiced fees which remain unpaid after thirty (30) days
may result in civil enforcement in accordance with Fla. Stat. Ch. 125,01 (t) and
Ch.125.69 (1).
3. The Sheriff shall report unpaid fees in accordance with standard
accounting practices and the County may seek to recover said fees in a civil action in the
same manner as other money due the county.
4. The Sheriff shall not require the payment of any fee from an un-
emancipated minor, Juvenile Sexual Offender or Juvenile Sexual Predator who is less
than eighteen years of age until said individual reaches eighteen years of age, at which
time the applicable fees shall apply anew. Registrations with the Sheriff upon reaching
age of majority or emancipation shall constitute an Initial Registration.
5, The Sheriff shall not require the payment of any fee from an individual
whose change of address is the result of their incarceration. An incarcerated individual's
initial registration and re-registration fees (quarterly or bi-annual) still apply and shall be
collected.
(c) Dispositioll of Collected Registratioll Fees, Fees collected pursuant to this
Ordinance shall be deposited by the Sheriffs Office into the Sheriffs general operating account
to offset increased expenses associated with tracking, monitoring and managing the aforesaid
offenders in Collier County.
1. All funds from the collected registration fees shall be earmarked for
exclusive distribution toward the administration and operation costs associated with
tracking, monitoring, and managing Sex Offenders and Sexual Predators and toward
programs and training in protecting children from harm by Sexual Offenders and Sexual
Predators.
(d) Penalties. A person who fails to pay all applicable registration fees in accordance
with this Ordinance, or who violates any part of this section, shall be punished by a fine not
exceeding $500.00 or by imprisonment for a term not exceeding 60 days in the County Jailor by
both such fine and imprisonment in accordance with Section 125.01(t) and Section 125.69(1),
Florida Statutes.
SECTION SIX: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
3
SECTION SEVEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word,
17iF
b ~f ~
SECTION EIGHT: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
This Ordinance adopted this _ day of
vote favoring the same.
, 2008 after motion, second and majority
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
TOM HENNING, Chairman
Approved as to form and
Legal sufficiency:
Rl3:;::: ----r
Assistant County Attorney
4
17F
ORDINANCE NO. 2008 -
AN ORDINANCE ESTABLISHING THE REQUIREMENT FOR THE
COLLECTION OF "OFFENDER REGISTRATION FEES" FROM
INDIVIDUALS IDENTIFIED BY FLORIDA STATUTE AS A CONVICTED
FELON, CAREER OFFENDER, SEXUAL OFFENDER OR SEXUAL
PREDATOR, PROVIDING FOR FINDINGS AND INTENT, PROVIDING FOR
APPLICABILITY, PROVIDING FOR DEFINITIONS, PROVIDING FOR
COLLECTION, EXEMPTIONS, FAILURE TO PAY AND DISTRIBUTION OF
FEES, PROVIDING FOR PENALITIES, PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners is concerned for the welfare and
safety of our children and adult citizens of Collier County, and;
WHEREAS, the Board of County Commissioners is aware of the ever increasing
national, state and local mandates, the majority of which are unfunded, which require the
monitoring, tracking and managing of individuals classified as Career Offenders, Convicted
Felons, Registered Sexual Offenders and Sexual Predators; and
WHEREAS, the Board of County Commissioners of Collier County recognize that the
processes of registering, tracking and monitoring Career Offenders, Convicted Felons, Sexual
Offenders and Sexual Predators, who have been released from custody, and who are required by
Florida law to register with the Sheriff and have their addresses physically verified, is costly and
time consuming; and
WHEREAS, it is the intent of this Ordinance to serve the County's compelling interest
to promote, protect and improve the health, safety and welfare of the citizens of the entire
County by supporting practices that enhance the tracking, monitoring and management of these
high risk offenders; and
WHEREAS, the Board of County Commissioners wishes to establish a policy requiring
the collection of a Registration Fee from individuals designated by Florida Statutes as a
"Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator", which would
provide funds to offset the Sheriff's increased expenses associated with tracking, monitoring and
managing the aforesaid offenders within Collier County. The ability to offset these associated
expenses would promote the protection of our citizens through enhanced enforcement efforts.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: This Ordinance shall be known as the Offender Registration Fee Ordinance.
SECTION TWO: Findings and Intent.
(a) Each individual designated by the State of Florida, or by any other Statute of any
other State of the United States, or by the Government of the United States or any agency thereof
as a "Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator" and who is
required by any such law to register in the State of Florida, as a "Convicted Felon", "Career
Offender", "Sexual Offender" or "Sexual Predator" represents an increased risk of harm to the
citizens of Collier County.
(b) Protecting the citizens of Collier County from harm is enhanced by recognizing
the risks that said individuals represent while residing in Collier County and providing the
necessary resources to ensure the proper monitoring, tracking, registering and management of
their presence.
(c) It is the intention of this Ordinance to be regulatory in nature and non-punitive,
relating to the purpose of promoting, protecting and improving the health, safety and welfare of
all the citizens of Collier County and to protect the children of Collier County and other potential
victim(s) from potential victimization by registered Convicted Felons, Career Offenders, Sexual
Offenders and Sexual Predators.
1
SECTION THREE: Applicability.
l'7F
This Ordinance shall apply to incorporated as well as unincorporated areas of Collier
County.
SECTION FOUR: Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meanmg.
(a) Registered Sexual Offender or Registered Sexual Predator means an individual
who is required to register with the Sheriff as a "Sexual Offender" or "Sexual Predator", as
prescribed under Section 775.21, 943.0435 and 944.607, Florida Statutes (also known as the
Florida Sexual Predator Act).
(b) Convicted Felon means an individual who is required to register with the Sheriff
as a Convicted Felon as prescribed under Section 775.13, Florida Statutes.
(c) Career Offender means an individual who is required to register with the Sheriff
as a Career Offender as prescribed under Section 775.261, Florida Statutes.
(d) Initial Registration means the first registration, which is outlined and described
within Sections 775.13, 775.261, 775.21, 943.0435 and 944.607, Florida Statutes; whereby an
individual is required to register with the Collier County Sheriff upon release from incarceration
or upon their arrival in Collier County as a temporary or permanent resident. This constitutes a
maximum one time fee, per annum.
For each Career Offender, Convicted Felon, Sexual Offender and Sexual Predator that is
currently registered, the Initial Registration fee shall apply during their first initial registration or
re-registration, following passage of this Ordinance.
(e) Re-registration means any subsequent registration process with the Sheriff, which
updates and otherwise validates an individual's information based on requirements of Sections
775.21, 943.0435 and 944.607, Florida Statutes. Re-registration consists of bi-annual and
quarterly re-registrations based on certain offense criterion outlined within Florida's Sexual
Offender and Sexual Predator statutes. This constitutes a recurring fee.
(f) Address Change means any subsequent registration process whereby the
individual reports to the Sheriff a change, modification or addition in either a temporary or
permanent address (excluding changes made during required quarterlylbi-annual re-
registrations), whereby the individual's change of address requires personal verification. This
constitutes a recurring fee.
SECTION FIVE: Collection of Registration Fees from Convicted Felons, Career
Offenders, Sexual Offenders and Sexual Predators, failure to pay registration fees,
disposition of collected fees, penalties.
(a) Collection of fees. Any individual who is required to register, re-register or
report changes of either a temporary or permanent address, or modify statutorily required
information to the Sheriff, as a Convicted Felon, Career Offender, Sexual Offender or Sexual
Predator shall pay to the Collier County Sheriffs Office the following fees for such services:
Initial Registration - the sum of seventy-five dollars ($75.00).
Re-registration - the sum of twenty-five dollars ($25.00).
Address 1 Information Change - the sum often dollars ($10.00).
2
17F
1. Said payment shall be paid at the time of registration and shall be paid in
exact change 1 cash or certified funds, no personal checks. Said fees are non-refundable
and non-transferable to or from other counties or jurisdictions with similar registration
fee structures.
2. All Registration Fees paid by a Convicted Felon, Career Offender, Sexual
Offender or Sexual Predator shall be recorded and a copy of the receipt provided thereof.
(b) Exemptions and Failure to Pay Registration Fees. The Sheriff shall not refuse to
register, re-register or modify an address or required information of a person, who does not pay
the fee, at the time of registering as required by this Ordinance.
1. The Sheriff shall immediately invoice all unpaid fees and provide a copy
to the Convicted Felon, Career Offender, Sexual Offender or Sexual Predator for
payment. All invoiced fees shall be paid within thirty (30) days of invoicing.
2. Any portion of invoiced fees which remain unpaid after thirty (30) days
may result in civil enforcement in accordance with Fla. Stat. Ch. 125.01 (t) and
Ch.125.69 (1).
3. The Sheriff shall report unpaid fees in accordance with standard
accounting practices and the County may seek to recover said fees in a civil action in the
same manner as other money due the county.
4. The Sheriff shall not require the payment of any fee from an un-
emancipated minor, Juvenile Sexual Offender or Juvenile Sexual Predator who is less
than eighteen years of age until said individual reaches eighteen years of age, at which
time the applicable fees shall apply anew. Registrations with the Sheriff upon reaching
age of majority or emancipation shall constitute an Initial Registration.
5. The Sheriff shall not require the payment of any fee from an individual
whose change of address is the result of their incarceration. An incarcerated individual's
initial registration and re-registration fees (quarterly or bi-annual) still apply and shall be
collected.
(c) Disposition of Collected Registration Fees. Fees collected pursuant to this
Ordinance shall be deposited by the Sheriffs Office into the Sheriffs general operating account
to offset increased expenses associated with tracking, monitoring and managing the aforesaid
offenders in Collier County.
1. All funds from the collected registration fees shall be earmarked for
exclusive distribution toward the administration and operation costs associated with
tracking, monitoring, and managing Sex Offenders and Sexual Predators and toward
programs and training in protecting children from harm by Sexual Offenders and Sexual
Predators.
(d) Penalties. A person who fails to pay all applicable registration fees in accordance
with this Ordinance, or who violates any part of this section, shall be punished by a fine not
exceeding $500.00 or by imprisonment for a term not exceeding 60 days in the County Jailor by
both such fine and imprisonment in accordance with Section 125.01(t) and Section 125.69(1),
Florida Statutes.
SECTION SIX: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
3
SECTION SEVEN: Inclusion in the Code of Laws and Ordinances.
17F
... t
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION EIGHT: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
This Ordinance adopted this _ day of
vote favoring the same.
, 2008 after motion, second and majority
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
TOM HENNING, Chairman
Approved as to form and
Legal sufficiency:
R~';:':: ----r
Assistant County Attorney
4
)'7F
April 7, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Ordinance - Offender Registration Fees
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: 521-351500-648160
17'F
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, 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 ESTABLISHING THE REQUIREMENT FOR THE COLLECTION OF
"OFFENDER REGISTRATION FEES" FROM INDIVIDUALS IDENTIFIED BY
FLORIDA STATUTE AS A CONVICTED FELON, CAREER OFFENDER, SEXUAL
OFFENDER OR SEXUAL PREDATOR, PROVIDING FOR FINDINGS AND INTENT,
PROVIDING FOR APPLICABILITY, PROVIDING FOR DEFINITIONS, PROVIDING
FOR COLLECTION, EXEMPTIONS, FAILURE TO PAY AND DISTRIBUTION OF
FEES, PROVIDING FOR PENALTIES, PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
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 Manaement 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
17F
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
( SEAL)
-------~-,_.__.-
Martha S. Vergara
11f
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, April 07, 20082:23 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT01482.txt; Ordinance - Offender Registration Fee
[8
ATT01482.txt (231 Ordinance -
B) Jffender Registrat...
This is an automatically generated Delivery Status Notification.
-:-'-......-'
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
Martha S. Vergara
17F
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Tuesday, April 08, 2008 9:22 AM
To: Martha S. Vergara
Subject: RE: Ordinance - Offender Registration Fee
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Monday, April 07,20082:23 PM
Posted To: Legals - NDN
Conversation: Ordinance - Offender Registration Fee
Subject: Ordinance - Offender Registration Fee
Pam,
Here is an ad for you. . .
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
4/812008
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~APLES DAILY NEWS
Published Daily
Naples. FLH 102
Affidavit of Pu blication
State of Florida
County of Collier
Before the undersigned they sene as the authority. personally
appeared B. LamQ. who on oath says that the.'>
sene as the Assistant Corporate Secrelary 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 advcrtising. being a
PUBUC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspapcr I time in the issue
On April II tll. 2008
Amant fl111her says that the said Naples Daily :'\ews is a newspaper
Published at Naples. in collier county, Florida and that the said
ne\\spapcr has herdor,'re oeen continuously published in said Collier
Count~_ l'Iorida; distributed in Collier and Lee counties of Florida,
(ach day and has been cntered as second class mail matter at the post
"nice in !\:aplcs, in said Collter County_ Florida, for a period of J
year ne:,t preceding the first publication ofth~ attached COPy of
ad\'~rtlsement; and afiiant fllrther says that he has neither paid nor
proll11sed any person, tinn or t.;orporatlon an)' dlscounl, rebate,
conlnlission or rdlH1d f()f the purpose of securing this advertis{~mcnt for
plthiieati<l/;;le ?apcr
(Signatllre of affiant)
Sworn to and subscribed before me
This ll,j,. Day Of April 2008
CJ~ S)a/~
~re of ry pubhe
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17F
Dwight E. Brock
Clerk of Courts
-eoW1tyof Collier
L_'.. '
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY <tOURT~OUSE
3301 TAMIAMI 1\~IL EAST
P.O. BOX 413044',
NAPLES, FLORIDA'4~ 10] -3044
*
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 21, 2008
Kevin Rambosk, Undersheriff
Collier County Sheriffs Department
3301 Tamiami Trail East, Bldg. J
Naples, FL 34112
Re: Original Notice of Public Hearing Affidavits
Re: "Offender Registration Fees" and "Intersection Safety"
Dear Kevin,
Enclosed, for your records are original copies of two affidavits of
publication that were advertised and will come before the Board of County
Commissioner's of Collier County on Tuesday, April 22, 2008.
We will also be sending copies of the validated ordinances once they have
been returned to our office by the State.
If you should have any questions, please feel free to call our office at
252-8406.
Sincerely,
DWIGHT E. BROCK, CLERK
fuw. ~IJ~.
Ann Jennej61n, S(peputy Clerk
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk(tVclerk.collier.fl.us
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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 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
Comptete 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 si211ature, draw a line through routing lines #1 throulW #4, comolete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Robert N. Zachary, Asst. County Attorney
Contact
Agenda Date Item was 4/22/08
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Ordinance
Number of Original
Documents Attached
252-8400
I
1
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1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a r 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_ 4/22/08_(enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne 's Office has reviewed the chan es, if a licable.
f.oz,
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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
04-COA-01037/2097
MEMORANDUM
17r
Date: May 6, 2008
To: Robert Zachary, Assistant County Attorney
Office of the County Attorney
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2008-19
Enclosed please find one original of the document referenced above,
Agenda Item #17F, adopted by the Board of County Commissioners
on Tuesday, April 22, 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
17F
MEMORANDUM
Date:
May 6, 2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-19
Attached, please find one (1) copy of the document referenced above (Agenda
Item #17F), as approved by the Board of County Commissioners on Tuesday
April 22, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
17F
i ,
MEMORANDUM
Date:
May 6, 2008
To:
Kevin Rambosk, UnderSheriff
Sheriff's Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validate Ordinance 2008-19
Attached, for your records, please find one original copy of the document, as
referenced above, (Agenda Item #17F) adopted by the Collier County Board
of County Commissioners on Tuesday, April 22, 2008.
The original Resolution is being retained in Minutes and Records for public
record.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
ORDINANCE NO. 2008 - ~
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AN ORDINANCE ESTABLISHING THE REQUIREMENT FOR THE
COLLECTION OF "OFFENDER REGISTRATION FEES" FROM
INDIVIDUALS IDENTIFIED BY FLORIDA STATUTE AS A CONVICTED
FELON, CAREER OFFENDER, SEXUAL OFFENDER OR SEXUAL
PREDATOR, PROVIDING FOR FINDINGS AND INTENT, PROVIDING FOR
APPLICABILITY, PROVIDING FOR DEFINITIONS, PROVIDING FOR
COLLECTION, EXEMPTIONS, FAILURE TO PAY AND DISTRIBUTION OF
FEES, PROVIDING FOR PENALITIES, PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners is concerned for the welfare and
safety of our children and adult citizens of Collier County, and;
WHEREAS, the Board of County Commissioners is aware of the ever increasing
national, state and local mandates, the majority of which are unfunded, which require the
monitoring, tracking and managing of individuals classified as Career Offenders, Convicted
Felons, Registered Sexual Offenders and Sexual Predators; and
WHEREAS, the Board of County Commissioners of Collier County recognize that the
processes of registering, tracking and monitoring Career Offenders, Convicted Felons, Sexual
Offenders and Sexual Predators, who have been released from custody, and who are required by
Florida law to register with the Sheriff and have their addresses physically verified, is costly and
time consuming; and
WHEREAS, it is the intent of this Ordinance to serve the County's compelling interest
to promote, protect and improve the health, safety and welfare of the citizens of the entire
County by supporting practices that enhance the tracking, monitoring and management of these
high risk offenders; and
WHEREAS, the Board of County Commissioners wishes to establish a policy requiring
the collection of a Registration Fee from individuals designated by Florida Statutes as a
"Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator", which would
provide funds to offset the Sheriffs increased expenses associated with tracking, monitoring and
managing the aforesaid offenders within Collier County. The ability to offset these associated
expenses would promote the protection of our citizens through enhanced enforcement efforts.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: This Ordinance shall be known as the Offender Registration Fee Ordinance.
SECTION TWO: Findings and Intent.
(a) Each individual designated by the State of Florida, or by any other Statute of any
other State of the United States, or by the Government of the United States or any agency thereof
as a "Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator" and who is
required by any such law to register in the State of Florida, as a "Convicted Felon", "Career
Offender", "Sexual Offender" or "Sexual Predator" represents an increased risk of harm to the
citizens of Collier County.
(b) Protecting the citizens of Collier County from harm is enhanced by recognizing
the risks that said individuals represent while residing in Collier County and providing the
necessary resources to ensure the proper monitoring, tracking, registering and management of
their presence.
(c) It is the intention of this Ordinance to be regulatory in nature and non-punitive,
relating to the purpose of promoting, protecting and improving the health, safety and welfare of
all the citizens of Collier County and to protect the children of Collier County and other potential
victim(s) from potential victimization by registered Convicted Felons, Career Offenders, Sexual
Offenders and Sexual Predators.
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SECTION THREE: Applicability.
This Ordinance shall apply to incorporated as well as unincorporated areas of Collier
County.
SECTION FOUR: Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meanmg.
(a) Registered Sexual Offender or Registered Sexual Predator means an individual
who is required to register with the Sheriff as a "Sexual Offender" or "Sexual Predator", as
prescribed under Section 775.21, 943.0435 and 944.607, Florida Statutes (also known as the
Florida Sexual Predator Act).
(b) Convicted Felon means an individual who is required to register with the Sheriff
as a Convicted Felon as prescribed under Section 775.13, Florida Statutes.
(c) Career Offender means an individual who is required to register with the Sheriff
as a Career Offender as prescribed under Section 775.261, Florida Statutes.
(d) Initial Registration means the first registration, which is outlined and described
within Sections 775.13, 775.261, 775.21, 943.0435 and 944.607, Florida Statutes; whereby an
individual is required to register with the Collier County Sheriff upon release from incarceration
or upon their arrival in Collier County as a temporary or permanent resident. This constitutes a
maximum one time fee, per annum.
For each Career Offender, Convicted Felon, Sexual Offender and Sexual Predator that is
currently registered, the Initial Registration fee shall apply during their first initial registration or
re-registration, following passage of this Ordinance.
(e) Re-registration means any subsequent registration process with the Sheriff, which
updates and otherwise validates an individual's information based on requirements of Sections
775.21, 943.0435 and 944.607, Florida Statutes. Re-registration consists of bi-annual and
quarterly re-registrations based on certain offense criterion outlined within Florida's Sexual
Offender and Sexual Predator statutes. This constitutes a recurring fee.
(f) Address Change means any subsequent registration process whereby the
individual reports to the Sheriff a change, modification or addition in either a temporary or
permanent address (excluding changes made during required quarterlylbi-annual re-
registrations), whereby the individual's change of address requires personal verification. This
constitutes a recurring fee.
SECTION FIVE: Collection of Registration Fees from Convicted Felons, Career
Offenders, Sexual Offenders and Sexual Predators, failure to pay registration fees,
disposition of collected fees, penalties.
(a) Collection of fees. Any individual who is required to register, re-register or
report changes of either a temporary or permanent address, or modify statutorily required
information to the Sheriff, as a Convicted Felon, Career Offender, Sexual Offender or Sexual
Predator shall pay to the Collier County Sheriffs Office the following fees for such services:
Initial Registration - the sum of seventy-five dollars ($75.00).
Re-registration - the sum of twenty-five dollars ($25.00).
Address 1 Information Change - the sum often dollars ($10.00).
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1. Said payment shall be paid at the time of registration and shall be paid in
exact change 1 cash or certified funds, no personal checks. Said fees are non-refundable
and non-transferable to or from other counties or jurisdictions with similar registration
fee structures.
2. All Registration Fees paid by a Convicted Felon, Career Offender, Sexual
Offender or Sexual Predator shall be recorded and a copy of the receipt provided thereof.
(b) Exemptions and Failure to Pay Registration Fees. The Sheriff shall not refuse to
register, re-register or modify an address or required information of a person, who does not pay
the fee, at the time of registering as required by this Ordinance.
1. The Sheriff shall immediately invoice all unpaid fees and provide a copy
to the Convicted Felon, Career Offender, Sexual Offender or Sexual Predator for
payment. All invoiced fees shall be paid within thirty (30) days of invoicing.
2. Any portion of invoiced fees which remain unpaid after thirty (30) days
may result in civil enforcement in accordance with Fla. Stat. Ch. 125.01 (t) and
Ch.125.69 (1).
3. The Sheriff shall report unpaid fees in accordance with standard
accounting practices and the County may seek to recover said fees in a civil action in the
same manner as other money due the county.
4. The Sheriff shall not require the payment of any fee from an un-
emancipated minor, Juvenile Sexual Offender or Juvenile Sexual Predator who is less
than eighteen years of age until said individual reaches eighteen years of age, at which
time the applicable fees shall apply anew. Registrations with the Sheriff upon reaching
age of majority or emancipation shall constitute an Initial Registration.
5. The Sheriff shall not require the payment of any fee from an individual
whose change of address is the result of their incarceration. An incarcerated individual's
initial registration and re-registration fees (quarterly or bi-annual) still apply and shall be
collected.
(c) Disposition of Collected Registration Fees. Fees collected pursuant to this
Ordinance shall be deposited by the Sheriff's Office into the Sheriff's general operating account
to offset increased expenses associated with tracking, monitoring and managing the aforesaid
offenders in Collier County.
1. All funds from the collected registration fees shall be earmarked for
exclusive distribution toward the administration and operation costs associated with
tracking, monitoring, and managing Sex Offenders and Sexual Predators and toward
programs and training in protecting children from harm by Sexual Offenders and Sexual
Predators.
(d) Penalties. A person who fails to pay all applicable registration fees in accordance
with this Ordinance, or who violates any part of this section, shall be punished by a fine not
exceeding $500.00 or by imprisonment for a term not exceeding 60 days in the County Jailor by
both such fine and imprisonment in accordance with Section 125.01(t) and Section 125.69(1),
Florida Statutes.
SECTION SIX: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
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SECTION SEVEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION EIGHT: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
This Ordinance adopted this '2 "Z- day of -'!sp("l ( , 2008 after motion, second and majority
vote favoring the same.
, J ,
BOARD OF COUNTY COMMISSIONERS
OF COLLIE COUNT , FLORIDA
By:
.
Approved as to form and
Legal sufficiency:
R~':::. --r
Assistant County Attorney
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-19
Which was adopted by the Board of County Commissioners
on the 22nd day of April, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of April, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners~~r.J~",
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
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To: Clerk to the Board: Please place the following as a:
o Normal legal Advertisement
(Display Adv., location, etc.)
**********************************************************************************************************
o Other:
Originating Dept/ Div: Alternative Transportation Modes Deptl Transportation Person: Darryl Richard & Tessie Sillery
Date: 3-20-08
Petition No. (!fnone, give brief description): The Bayshore Beautification would like to add 2 more members to their board and have
their name changed from Bayshore Avalon to Bayshore Beautification Municipal Service Taxing Unit.
Petitioner: (Name & Address): Darryl Richard, Project Manager fOT Bayshore Beautification MSTU - 2885 South Horseshoe
Drive, Naples, Florida 34104
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separae sheet)
Hearing before 4-22-08 BCC BZA Other
Requested Hearing date: (Based on advertisement appearing lO days before hearing.
Newspaper(s) to be used: (Complete only if important):
o Naples Daily News 0 Other
Proposed Text: (Include legal description & common location & Size:
o Legally Required
ORDINANCE No. 08 ~
AN ORDINANCE AMENDING ORDINANCE 97-82, WHICH CREATED mE BAYSHORE AVALON
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING SECfION lWO (2) TO DELETE THE
WORD A V ALON FROM THE NAME OF THE MSTU; AMENDING SECfION SIX (6)TO INCREASE THE
MEMBERSHIP OF THE ADVISORY COMMIITEE FROM FIVE (5) MEMBERS TO SEVEN (7) MEMBERS AND TO
DELETE THE WORD AVALON mEREIN; AMENDING SECTION ElGIn' (8) TO REFLECf AN INCREASE TO
mE NUMBER OF ADVISORY COMMITTEE MEMBERS NECESSARY TO CONSTITUTE A QUORUM;
PROVIDING FOR CONFLICf AND SEVERABLIITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNfY
CODE OF LAWS AND ORDINANCES: AND PROVIDING FOR AN EFFECITVE DATE.
Companion petition( s), if any & proposed hearing date: April 22, 2008
Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs:
163-162525
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Da~
List Attachments: Amended Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office wiD distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for
file****************************************************************************************************
FOR CLERK'S OFFICE U~~<?~~: al7JJ,..~ eLf II I h~
Date Received: ~ Date of Public hearing: ~ Date Advertised: ~
1<'7'G
ORDINANCE No. 08-
AN ORDINANCE AMENDING ORDINANCE 97-82, WlllCH
CREATED THE BAYSHORE AVALON BEAUTIFICATION
MUNICIPAL SERVICE TAXING UNIT; AMENDING SECTION
TWO (2) TO DELETE THE WORD A V A~ON FROM THE NAME
OF THE MSTU; AMENDING SECTION SIX (6)TO INCREASE
THE MEMBERSHIP OF THE ADVISORY COMMITTEE FROM
FIVE (5) MEMBERS TO SEVEN (7) MEMBERS AND TO DELETE
THE WORD AVALON THEREIN; AMENDING SECTION EIGHT
(8) TO REFLECT AN INCREASE to THE NUMBER OF
ADVISORY COMMITTEE MEMBERS NECESSARY TO
CONSTITUTE A QUORUM; PROVIDING FOR CONFLICT AND
SEVERABLIITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Ordinance
97-82, which created the Bayshore Avalon BeautificationMunicipal Service Taxing Unit; and
\VHEREAS, the Bayshore Avalon Beautification Municipal Service Taxing Unit Advisory
Committee voted to increase its membership from five (5) to seven (7) members on January 23,
2008, and requested that the Board of County Commissioners amend and revise Collier County
Ordinance No. 97-82 accordingly; and
WHEREAS, on Apri122, 2008, the Board of County Commissioners as the governing body
of the Bayshore Avalon Beautification Municipal Service Taxing Unit approved amending
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Ordinance No. 97-82 to reflect that increase in the Advisory Committee Membership and to remove
references to the name "Avalon" in the title of the MSTU ~d throughout the ordinance.
I
NOW, THEREFORE, BE IT ORDAINED. BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLO~A, that Collier County Ordinance No.
97-82 is hereby amended to read as follows:
SECTION ONE: Creation oftbe Municipal Service Taxing Unit.
Section Two (2) of Collier County Ordinance No. 97-82 is hereby amended to read as
follows:
There is hereby created and established the Bayshore A:Yeleft Beautification Municipal
Service Taxing Unit, hereinafter referred to as "MSTU." The boundaries of the MSTU are as
I
follows: See attached Exhibit "A," which is incorporated 'herein by reference.
SECTION TWO: Amendment to Section Six (6):; Creation of the Baysbore M&IeB
Page 1 of3
Words underlined are added; Words slNik tht-eltgil. are deletod.
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Beautification Advisory Committee; Appointment and' Composition
Section Six (6) B of Collier County Ordinance No. 97-82 is hereby amended to read as
follows:
A. There is hereby created and established the Bayshore AwleR Beautification Advisory
Committee, hereinafter referred to as the "Committee."
B. The Committee shall consist of ~ seven (7) 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 meIltbers shall be permanent residents within
the MSTU arid electors of Collier County. The Board shall consider appointment of members from
different subdivisions or communities within the MSTU. i
SECTION THREE: Officers of the Advisory Committee; Quorum; Rules of Procedure.
Section Eight (8) B of Collier County Ordinance No. 97-82 is hereby amended to read as
follows:
B. The presence ofthfee (3) four (4) or more members shall constitute a quonun of the
Committee necessary to take action and transact business.
SECTION THREE:
ConDict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR:
Inclusion in the Code of Laws IUld Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE:
Effective Date
This Ordinance shall become effective upon filing with the Department of State.
Page 2 of3
W orels underlined are added; W orels svuo~ !liFe. are deleted.
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PASSED AND DULY ADOPTED by motion and majority vote by the Board ofCoWlty
Commissioners of Collier County, Florida, this 22nd day of
.2008.
ATTEST:
Dwight E. Brock, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY: DEPUTY CLERK
BY:
Tom Henning, CHAIRMAN
Approved" to fonn 7.."" ..m,'""""
s~1/2 ~
Managing Assistant County Attorney
Page 3 of3
Words underlined are added; Words lilfIiek llveltga are deleted.
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April 22, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Ordinance Amending Ordinance 97-82
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 # 163-162525-649100
11S
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 AMENDING ORDINANCE 97-82, WHICH CREATED THE BAYSHORE
AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING
SECTION TWO (2) TO DELETE THE WORD AVALON FROM THE NAME OF THE
MSTU; AMENDING SECTION SIX (6) TO INCREASE THE MEMBERSHIP OF THE
ADVISORY COMMITTEE FROM FIVE (5) MEMBERS TO SEVEN (7) MEMBERS AND
TO DELETE THE WORD AVALON THEREIN; AMENDING SECTION EIGHT (8) TO
REFLECT AN INCREASE TO THE NUMBER OF ADVISORY COMMITTEE MEMBERS
NECESSARY TO CONSTITUTE A QUORUM; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
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 ou are a person with a disability who needs any accommodation in
order to perticipate 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
17G
,~~~~
\ fI' \<t
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impairedare abailable in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
i~t)lilltyof Collier
I._-
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY <tOURTHOUSE
3301 TAMIAMI 1(MIL EAST
P.O. BOt 413044',
NAPLES, FLORIDA'-l~101-30~4
.-
17G .~-
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 1, 2008
Darryl Richard
Project Manager for Bayshore Beautification MSTU
2885 South Horseshoe Drive
Naples, Florida 34104
Re: Notice of Public Hearing to Consider Amending Collier County
Ordinance No. 97-82 Bayshore Beautification Municipal Service
Taxing Unit
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 22, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Friday, April 11, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
t.-;L-
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(iiJclerk.collier.fl.us
Martha S. Vergara
176
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, April 01, 2008 4:36 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT599764.txt; Ord. Amend. Ord. 97-82 (Bayshore Beautification Municipal Service Taxing
Unit)
~.::-
~
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~
AlT599764.txt
(231 B)
Ord. Amend. Ord.
97-82 (Baysho...
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
176 d \
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Wednesday, April 02, 20088:47 AM
To: Martha S. Vergara
Subject: RE: Ord. Amend. Ord. 97-82 (Bayshore Beautification Municipal Service Taxing Unit)
OK
.,--<--~~-"--,~~--~._._._~-.-------~.~-~-"-,~<_..,,-,,~_._~~~
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Tuesday, April 01, 20084:36 PM
Posted To: Legals - NDN
Conversation: Ord. Amend. Ord. 97-82 (Bayshore Beautification Municipal Service Taxing Unit)
Subject: Ord. Amend. Ord. 97-82 (Bayshore Beautification Municipal Service Taxing Unit)
Pam,
Here is another ad for you. . .
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
4/2/2008
Th.Th,
NAPLES DAILY NEWS
Published Daih
Naples. FL :\-ll 02
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. La!1lQ. who on oath says that they
serve as the Assistant Corporate Secretaf.\ of the Naples Daily,
a daily ne\\spaper published at Naples. in Collier County.
Florida: distributed in Collier and Lee counties of Florida: that
the <ittached copy of the ad,'crtising heing a
PUBLIC NOTICE';
in the matter of PUBLIC NOTICE
was pub] ished in said newspaper I time in the issue
On April 11'],.2008
Affiant tllrther says that th~ said '\apks Daily '\ ews is a ne"spaper
Published at '\aplcs, in ,'oilier countv. Florida and that the said
ne\\spaper has heretofore been contitlllousl\" published in said CLlllier
County. Florida; distributed in Collier and Lee counties of Florida,
each da\' and has becn entered as second cIass mail matter at the post
o/1iee in :\apks, in said Collier County. Florida. for a period of 1
\'ear next preceding the first publication of the atlacI1ed cop\" of
advertiscm..::nt: and atliant flJt1her says that h~ has IlI.~ithcr paid nor
protllised any person, firm or corporation any discount, rchate,
commISsion or rclll11d for the purpose of securing this ad\ertisement j(,r
puhl1catlutl in the said n..::wspaper
____ /1 ~~_.______
( Sigl~e of affiant)
Sworn to and subscribed before me
This II Ill. Day Of April 2008
6~@~
(Signa~lfe of I ary pub icl
FE! 59-2578:\27
...
t-7G
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 Otlice, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
l?G
exception of 1he Chainnan's si211ature, draw a line throu2h routin2 lines # I throullh #4, comlllete the checklist. and forward to Sue Filson (Iine#5)'
Route to Addressee(s) Office Initials Date
(List in routin2 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 conta:t is the holder of1he original document pending BCC approval. Normally the primary contact is the person who created'prepared the executive
summary. Primary cenmet information is needed in the event one oftle addressees above, inchxling Sue Filson, need to cmtact staff for additional or missing
information. All original docwnents needing the acc Chainnan' s signature are to be delivered to the acc office only after the BCC has acted to approve the
item.)
Name of Primary Staff Tessie Sillery Phone Number 252-8540
Contact
Agenda Date Item was April 22, 2008 Agenda Item Number 17 (G)
Approved bv the BCC
Type of Document Of!.DI'jJPl/vC'f(. og~ 2JD 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 ossib1 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 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 BeC on ~ (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun AUorne's Office has reviewed the chan es if a licable.
N!A (Not
A licable)
2.
3.
4.
5.
6.
Ci-
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1: Forms! COWlty Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
-----...-'"-,"--...--...--'-.
Date:
To:
From:
Re:
MEMORANDUM
May 6, 2008
Tessie Sillery, Operations Coordinator
Transportation/ A TM
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Validated Ordinance 2008-20
Enclosed please find one (1) copy, (Agenda Item #17G), adopted by the
Board of County Commissioners on Tuesday, April 22, 2008.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
176
l?G
MEMORANDUM
Date:
May 6, 2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-20
Attached, please find one (1) copy of the document referenced above (Agenda
Item #17G), as approved by the Board of County Commissioners on Tuesday
April 22, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
l?G
MEMORANDUM
Date:
April 24, 2008
To:
Tessie Sillery, Operations Coordinator
Transportation/ A TM
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Ordinance 2008-20
Enclosed please find two original copies, (Agenda Item #17G), adopted by
the Board of County Commissioners on Tuesday, April 22, 2008.
An original Ordinance has been forward to the State for Validation, you
will recieve a copy upon its return.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
17G
ORDINANCE No. 08 - ~
AN ORDINANCE AMENDING ORDINANCE 97-82, WHICH
CREATED THE BAYSHORE AVALON BEAUTIFICATION
MUNICIP AL SERVICE TAXING UNIT; AMENDING SECTION
TWO (2) TO DELETE THE WORD AVALON FROM THE NAME
OF THE MSTU; AMENDING SECTION SIX (6)TO INCREASE
THE MEMBERSHIP OF THE ADVISORY COMMITTEE FROM
FIVE (5) MEMBERS TO SEVEN (7) MEMBERS AND TO DELETE
THE WORD AVALON THEREIN; AMENDING SECTION EIGHT
(8) TO REFLECT AN INCREASE TO THE NUMBER OF
ADVISORY COMMITTEE MEMBERS NECESSARY TO
CONSTITUTE A QUORUM; PROVIDING FOR CONFLICT AND
SEVERABLIITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Ordinance
97-82, which created the Bayshore Avalon Beautification Municipal Service Taxing Unit; and
WHEREAS, the Bayshore Avalon Beautification Municipal Service Taxing Unit Advisory
Committee voted to increase its membership from five (5) to seven (7) members on January 23,
2008, and requested that the Board of County Commissioners amend and revise Collier County
Ordinance No. 97-82 accordingly; and
WHEREAS, on April 22, 2008, the Board of County Commissioners as the governing body
of the Bayshore Avalon Beautification Municipal Service Taxing Unit approved amending
Ordinance No. 97-82 to reflect that increase in the Advisory Committee Membership and to remove
references to the name "Avalon" in the title of the MSTU and throughout the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No.
97-82 is hereby amended to read as follows:
SECTION ONE: Creation of the Municipal Service Taxing Unit.
Section Two (2) of Collier County Ordinance No. 97-82 is hereby amended to read as
follows:
There is hereby created and established the Bayshore j\valon Beautification Municipal
Service Taxing Unit, hereinafter referred to as "MSTU." The boundaries of the MSTU are as
follows: See attached Exhibit "A," which is incorporated herein by reference.
SECTION TWO: Amendment to Section Six (6): Creation of the Bayshore ,A..yaloR
Page 1 of3
Words underlined are added; Words struck through are deleted.
176
Beautification Advisory Committee; Appointment and Composition
Section Six (6) of Collier County Ordinance No. 97-82 is hereby amended to read as follows:
A. There is hereby created and established the Bayshore Ayalon Beautification Advisory
Committee, hereinafter referred to as the "Committee."
B. The Committee shall consist offiye (5) seven (7) members which generally represent
the area within the MSTD. 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 or
owners of residential or commercial property within the MSTU and electors of Collier County. An
owner of residential or commercial property may be an individual, an officer of a corporation or a
partner of a partnership. The Board shall consider appointment of members from different
subdivisions or communities within the MSTD.
C. Appointment of 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 ofthe Committee shall serve without compensation, but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance oftheir duties upon prior
approval of the Board of County Commissioners.
SECTION THREE: Officers of the Advisory Committee; Quorum; Rules of Procedure.
Section Eight (8) of Collier County Ordinance No. 97-82 is hereby amended to read as
follows:
A. At its earliest opportunity, the membership of the committee shall elect a chairman
and vice chairman from among the members. Officers terms shall be for one year, with eligibility for
re-election.
B. The presence ofthree (3) four (4) or more members shall constitute a quorum ofthe
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 meetings, resolutions,
findings and determinations. Copies of all committee minutes, resolutions, reports, and exhibits
shall be submitted to the board of county commissioners.
D. Committee member attendance requirements, induding failure to attend meetings and
Page 2 of3
Words underlined are added; Words struck through are deleted.
l?G
f
member removal from office are governed by Ordinance No. 01-55, as amended, or by its successor
ordinance.
SECTION THREE:
Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR:
Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE:
Effective Date
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by motion and majority vote by the Board of County
Commissioners of Collier County, Florida, this 22nd day of April, 2008.
,
BOARD OF COUNTY COMMISSIONERS
COLLIER C7TY, FL RIDA
BY: JrJL-
Tom Henning, CHAIRMAN
ATTEC''T.. () "'i"'~ "'"
YjJ. I.. .,;(;,/ . ".
," "...... I,).
Dwight E.Brock;. ~kERK
..' ..,~'~. ~
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-----.._-, ,
Page 3 of3
Words underlined are added; Words stnlck throl:lgh are deleted.
17G
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. 2008-20
Which was adopted by the Board of County Commissioners on
the 22nd day of April 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd day
of April 2008.
DWIGHT E. BROCK ,.." \ ,::',1'
Clerk of Courts> c~:nd.,Ch:;~k
Ex-officio to Bo~,rd, of /.;.
~county commissi~ers. ,:~~
, U__UQ_~~ V-
: Teresa polaski,'. J'
Deputy Clerk
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
.(1 H f!\! r
To: Clerk to the Board: Please place the following as a:
XXX Nonna1lega1 Advertisement
(Display Adv., location, ete.)
o Other:
**********************************************************************************************************
Originating DeptJ Div: Cormn.Dev.serv./P1anning
Person: Marcia R. Kendall
Date 3/28/2008
Petition No. (If none, give brief description): Growth Management Plan Amendment CPSS-2006-1 Small Scale Amendment.
Petitioner: (Name & Address): D. Wayne Arnold, Q. Grady Minor & Associates, 3800 Via Del Rey, Bonita Springs, FL 34134
Name & Address of any person( s) to be notified by Clerk's Office: (If more spaee is needed, attaeh separate sheet) N/ A
Hearing before XXX BCC
BZA
Other
Requested Hearing Date:
April 22, 2008
Based on advertisement appearing 10-5 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
o Legally Required
Proposed Text: (Include legal description & cormnon location & Size: See Attaehed
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising eost? X Yes 0 No If Yes, what aeeount should be eharged for advertising eosts: 111-138317-
649100-00000
Reviewed by: Approved by:
Department Direetor
Date
County Manager
Date
List Attaehments: Advertisement Request and Map
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a eopy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE;r;L~:
Date Reeeived: '0 21 ofs'
,
Date of Public hearing: ~'Z~(J[{
Date Advertised:
cJ.J /1108 cr
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April 22, 2008 Board of County Commissioners Public Hearing
Advertisina Reauirements
Please publish the following Advertisement and Map on Friday. April 11. 2008
and Wednesday. April 16. 2008. and furnish proof of publication to the
Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida
34104. Also furnish proof of publication to the Minutes and Records Department,
3301 Tamiami Trail E., Naples, FL 34112. The advertisement must be no less
than 1f4 page and the headline in the advertisement must be in a type no smaller
than 18 point. The advertisement must not be placed in that portion of the
newspaper where legal notices and classified advertisements appear.
Please reference the followina on your Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500087160
17M '"'~'.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday. ADril 22. 2008 in the County Commissioners
Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a
public hearing to consider the adoption of the following County Ordinance, an
Amendment to the Collier County Growth Management Plan. The meeting will
commence at 9:00 A.M. The Title of the proposed ordinance is as follows:
ORDINANCE NO. 08-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS FOR A SMALL SCALE
AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, ORDINANCE NO
89-05, AS AMENDED, SPECIFICALLY: AMENDING
THE FUTURE LAND USE MAP SERIES MAP OF
ACTIVITY CENTER NUMBER 18, TO SHOW AN
INCREASE OF 7.318:f: ACRES, WHICH PROPERTY
IS LOCATED IN SECTION 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
~ CPSS-2006-1. A petition requesting a small scale Growth Management Plan
amendment to the Future Land Use Element Future Land Use Map Series
(Map of Activity Center Number 18) to expand Activity Center Number 18
7.318:f: acres, which property is located on the south side of U.S. 41
approximately % mile east of Collier Boulevard, in Section 3, Township 51
South, Range 26 East, Collier County, Florida.
[Coordinator: Joseph Thompson, Senior Planner]
The purpose of the hearing is to consider the Adoption of a Small Scale Amendment to
the Future Land Use Element of the Growth Management Plan, according to the
Procedures and Criteria outlined in Section 163.3184, Florida Statutes.
All interested parties are invited to appear and be heard. Copies of the proposed
Growth Management Plan Amendment is available for inspection at the Collier County
Clerk's Office, 4th Floor, Administration Building, County Government Center, East
Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive,
Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
Any questions pertaining to these documents should be directed to the Comprehensive
Planning Department (239)252-2400. Written comments filed with the Clerk to the
Board's Office prior to April 22, 2008, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
l?H "I'~.
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management
Department, located at 3301 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: Is/Patricia L. Morgan,
Deputy Clerk
(SEAL)
17\-\
Small Scale Amendment CPSS-2006-1
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From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Friday, March 28, 2008 11 :59 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT449071.txt; CPSS-2006-1 and Map
~.'
ltJ
f:--:71
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ATT449071.txt
(231 B)
CPSS-2006-1 and
Map
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Friday, March 28, 2008 12:22 PM
To: Martha S. Vergara
Subject: RE: CPSS-2006-1 and Map
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Friday, March 28, 2008 11:59 AM
Posted To: Legals - NDN
Conversation: CPss-2006-1 and Map
Subject: CPSS-2006-1 and Map
Pam
Here is another
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
3/2812008
Page 1 of 1
11\1 ~~...
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., location, etc.)
D Other:
**********************************************************************************************************
Originating Deptl Div: Comm.Dev.Serv./Planning
Person: Marcia R. Kendall
Date 4/4/2008
Petition No. (If none, give brief description): Growth Management Plan Amendment CPSS-2006-1 Small Scale Amendment.
Petitioner: (Name & Address): D. Wayne Arnold, Q. Grady Minor & Associates, 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) N/A
Hearing before XXX BCC
BZA
Other
Requested Hearing Date:
April 22. 2008
Based on advertisement appearing 10-5 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
D Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition( s), if any & proposed hearing date: N/ A
Does Petition Fee include advertis' g cost? X Yes D No If Yes, what account should be charged for advertising costs: 111-13 8317-
649100-00000
Revie d by: Approved by:
s- 2J-O?
Date
County Manager
Date
List Attachments: Advertisement Request and Map
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
D County Manager agenda me: 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 ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
11;H
April 22, 2008 Board of County Commissioners Public Hearing
Advertisina Reauirements
Please publish the following Advertisement and Map on Friday. April 11. 2008
and Wednesday. April 16. 2008. and furnish proof of publication to the
Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida
34104. The advertisement must be no less than % page and the headline in
the advertisement must be in a type no smaller than 18 point. The
advertisement must not be placed in that portion of the newspaper
where legal notices and classified advertisements appear.
Please reference the followina on your Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500087160
Final Version
March 25, 2008
'11',H
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesdav. ADril 22. 2008 in the County Commissioners
Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a
public hearing to consider the adoption of the following County Ordinance, an
Amendment to the Collier County Growth Management Plan. The meeting will
commence at 9:00 A.M. The Title of the proposed ordinance is as follows:
ORDINANCE NO. 08-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS FOR A SMALL SCALE
AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, ORDINANCE NO
89-05, AS AMENDED, SPECIFICALLY: AMENDING
THE FUTURE LAND USE MAP SERIES MAP OF
ACTIVITY CENTER NUMBER 18, TO SHOW AN
INCREASE OF 7.318:t ACRES, WHICH PROPERTY
IS LOCATED IN SECTION 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
);- CPSS-2006-1. A petition requesting a small scale Growth Management Plan
amendment to the Future Land Use Element Future Land Use Map Series
(Map of Activity Center Number 18) to expand Activity Center Number 18
7.318:t acres, which property is located on the south side of U.S. 41
approximately 14 mile east of Collier Boulevard, in Section 3, Township 51
South, Range 26 East, Collier County, Florida.
[Coordinator: Joseph Thompson, Senior Planner]
The purpose of the hearing is to consider the Adoption of a Small Scale Amendment to
the Future Land Use Element of the Growth Management Plan, according to the
Procedures and Criteria outlined in Section 163.3184, Florida Statutes.
All interested parties are invited to appear and be heard. Copies of the proposed
Growth Management Plan Amendment is available for inspection at the Collier County
Clerk's Office, 4th Floor, Administration Building, County Government Center, East
Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive,
Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
Any questions pertaining to these documents should be directed to the Comprehensive
Planning Department (239)252-2400. Written comments filed with the Clerk to the
Board's Office prior to April 22, 2008, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
Final Version
March 25, 2008
-.. "n "' _ ..
11. f:r ;n ' ,.
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/Patricia L. Morgan,
Deputy Clerk
(SEAL)
Small Scale Amendment CPSS-2006-1
Final Version
March 25, 2008
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ORDINANCE NO. 08-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOR A
SMALL SCALE AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, ORDINANCE NO 89-05, AS
AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND
USE MAP SERIES (MAP OF ACTIVITY CENTER NUMBER 18)
OF THE FUTURE LAND USE ELEMENT, TO SHOW AN
INCREASE OF 7.318:t ACRES, WHICH PROPERTY IS
LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan (GMP) on January 10, 1989; and
WHEREAS, the Collier County Board of County Commissioners adopted the Future
Land Use Map and Map Series, on January 10, 1989 and the Future Land Use Map Series of
the GMP depicting site specific boundaries for Activity Centers, on May 9, 2000; and
WHEREAS, the request is for an amendment to the Future Land Use Element Future
Land Use Map and Map Series, which includes the Activity Center Number 18 Map, involving
less than 10 acres of land; and
WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, representing Eric
Strickland, of KRG 951 & 41 LLC, the applicant, has submitted a request to amend the
boundaries of the Activity Center Number 18 Map, as depicted on the Maps that are part of the
Future Land Use Map and Map Series of the Collier County GMP to expand the Activity Center
by 7.318:t acres; and
WHEREAS, the amendment does not involve a change to the text of any part of the
Goals, Objectives, or Policies of the GMP; and
WHEREAS, pursuant to Subsection 163.3187(1)(c), Florida Statutes, this amendment is
considered a Small Scale Amendment; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA, that:
SECTION ONE:
ADOPTION OF SMALL SCALE AMENDMENT TO THE FUTURE LAND
USE MAP SERIES.
This Ordinance shall be known as the CPSS-2006-1, Small Scale Amendment to the
Future Land Use Map and Map Series of the Collier County Growth Management Plan. The
boundaries of Activity Center Number 18, as depicted on the Future Land Use Map and Map
l,", ,,....
Series of the Future Land Use Element, are hereby amended as depicted on Exhibit A, attached
hereto and incorporated by reference herein.
SECTION TWO:
SEVERABILITY
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
This Ordinance (Small Scale Amendment) shall not become effective until 31 days after
its adoption. If challenged within 30 days after adoption, this Ordinance shall not become
effective until the Department of Community Affairs or the Administration Commission,
respectively, issues a final order determining the adopted Small Scale Amendment is in
compliance.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this
day of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, CHAIRMAN
Approved as to form and legal sufficiency:
..
~U~'1)l. ~th~ -~
Marjorie . Student-Stirling,
Assistant County Attorney
CPSS-2006-1 Adoption Ordinance
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PUBLIQ ~OTIq~
NAFLESDAILV
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NOTICI OP INtENT TO CONSIDER ORDIN~CI!..
Netlcels heriby gl~,that on ~.ADrtI ~~ In ttw coumY:Com~ISlalon.... BOtIll'l1rbOm, 3':' F.IOoi;
Adr'nlnl8tl1lUo" ~l!!\dIng; '~'IM' ounly GDVilmm~: mer, .5301 Eat Temiami Trill,' Napl", Flo.rtd~ ott.Ilio'
BcM:l '" County Commlulc".'" will tiolcl.. publtc hNtlng,to oonald.,. tt)8 adoption of the folIo""ng, ~..
Or'dlnll'lllll, an ArntnCfment to the Collier CoUnty Growth Mant".",.n1 Plan. The mellllng WIll' commenCe at.
8:00 A.M. The Trtle Of the proposed ordlnence 's _ foH~;'
OADlNAN~E NO. 08':,~
AN' ORClNANOI! OF THE SOARD 01' bO'UNTY CoMMISSIONERS' F6~. A SMALL. SCALE'
AMENDMENi, TO THE COWER COUNTY QAOWTH MANAGEMENT PLAN" ORDINANCE NO'B9:'
05. M AMIiNceO. !PECIFiCALLY: AMeNDING tHEi FUTURE lAND US! MAP SEAlES MAP OF' , , .
AC'TM1\V O~A NUMBEFl18, TO SHOW AN INOFEiISI!: OF'7.S,181l1 ACRES. WHICH PROPanY
I:!!lLOCATEO INSI!!CTlON 3.1. T'OWNSHIP 81 SOUTH, AANGE 26 EAST.. COlliER COUNTY, FLORIDA:
PROVIDING FOA SEVERAl)ILnY;A~D ,PACWIClNQ FOA'AN ,~FFEC liVE DAll:. . , .. .
".';.;
CP88-2IO(I8.1. A Petitio" rvQuMting .armll! SCU' C3rowtn Manaltem.m 'Plan IlIn.ndrnent to trte Fu~,..
Utnd p.. Element FQta... ~nd \.I.. Map serle. lMap of Activity Cen1jllr Nl;lmbtr 18) to 8Xj)anc:lActlvttit. .
CenIer Number 187,8182: Ie_. which propertyilll k:iQatad 0I'11huot.rtn aid. of U,S. 41 @proxIm41tly,j
.,. mII~.t 'Qf Collier Boulevard; In SeCtion 3, TowNhlp 51 South, F\an~ 26 ent, Coli.,. Cou~::
. FlorItla, " ", . , '. '
[Ooofdlnlitlar: JlHII8ph Tbompson. hnlrJr PIIIi'llier)
. . .. ", '. . . " , . . t
Th. PUlpOH, cr. It,. hPtlr.lg Is to cOl18ld...~ the' Adoption 'of a Sm.D Scale Amendmam to tM F.!Jture ~ '
Use Element of ~ Grbwth Mlilnlllilllmtllt Plan. according to the Pfl)oed,,"~ and Cr1tet1a outUnlltlln Slldloo,
'183:3184, F1or1cle Statute.. ' , , . ' ., . .
. ' , . ','. .' . ,.:., " ., '.' ,'''\
All 'Interll8l~ patties '.,..Invlted to eppell1 and be h&arCl. Copies o( tile propose(j, Growth Manageme01P.~ :
AmelJdm.nl rs Ivallabllll far'inspectlon at tt1, Cal~er ecunty Clerk"S.Ofticl. 4- ~oor, Admlnlstrltion BIIRdll'lgV'\
County Gov,nmlnt. Ct~er, I;ut Napi.., FI'!!it!~; .n~ at.ComprlllTonslv8' PI.Mlng oepartm8nt.. 2800.N.;<
HOl'M&holl Dri..... NapleS, Plortde ~M tl'Mt tbUra,of 8:OQ "'~. II'Id5;QQ P.M., MOncll)' thi'ouilh Friday. .
AITy .qLltlstlorr. ptNIfiIng to thllIe'aoeumMtathOuld be>d,..OlN to:tf1e OClI"II~81W Pl-r~ o.~~,
(239)2524400. Wrltten cor:nr'nllnt.\ fIlfd W!'th:the Clt!l~ fO ~nll Bc:illil.t~ OffIce prlGf~c ~rlraz; , .iNllI.pe'rAg:~c
~d lD1sldlll'echtttlapu~IICl\Hrtng. . , . . ' ' , . '. " .' . ". '!"~::,
If a person ~ecld~tO apPeal any dRlJllon m.~ by the Bo~i'dof Ool,l~ ~mtMlOneni with n..pec;t to:~..:.,
mll!ter OOI'IIldMd.t '\.lotl meeilng or hMrillQ. he wilt 1'l8illd . recon:l of that Mocetdlng, end fQf SI;(:h'!lUrpo(!.'
hi may need to ItIs""othat a v~tilT! reCOrd of.tl)e pro~ll;OS. made,'whlcll i'eoord Inclt.id.. the te~y-;~
and lMdet'lC8 upon ~I.ch tl'luppellll' tc, b~ bI~.' , .". .... . .'. " . <e?
. If ypu sri .' J)eraon w~h . diliabUllY who r-etclS ~y accomlflOdlrtlo!1 Iii Order to pili'llclp8te iri Ill. procee'cliriif:,
}lOU are enfltl8cl. '11 nO. OOR to ym, 'to t.h. pl'OYlslOn Of ~~111'l _Istanc.. 'PluM .oontact. t~ ColllllrCQIJ.t'i~::
. Facilities Managem.!It Department. beated at 3301, T.,.rutrnt. Trail Eut; Budding W. Napl... Flcrtd., 34l~<:!
~~;U.~' AMl.t~d Ue~lng deVlCH fOr ,the hearing Impaired ... avallabl!t ln~. Cq~~ ,comml~~,;
BoARD OFOOUNTV COMMiSSIONEAS .( '.' ;
COUIER,COUNTY. FI.,OplllDA
TOM HeNNING. CHAIRMAN
. DWIGHT E,. B~CK. CLEft(
By: IIIPa1rlcll L. 'M<lrgan,
. OIPuty Oleri<
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2392634864
NAA...ESDAILY
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NAPLES DAIL't. NEWS
Published Daily
Naples. FL 34102
Affidavit of Pu blication
State of Florida
County of Collier
Bdore the undersigned they serve as the authorily, pasonally
appeared ~. Lamb. who 01'1 oath says tbat they
$Crve as the Assistant ColpOr.atc Secretar)' of the Naples Daily,
a daily newspaper published at Naples. In Collier County,
Florida; clistributed in Collier and Lee counties of Florida; rhat
!.he anac:hed copy of the achllrtising. being a
PUBLIC N.o~
in the matte:r of puBlIC NOTICE
was pub1ishcd jn said newspaper 2. times in the issue:
On AtnillJlh 16th. 2008
Atl'Im tul'lhor ~}'!l thar the said Naples twly NCWII is , new~pipcr
1'u"1i~hcd 11 Napl... jf! .alller courty. F1Mi"- 4nd !hat tho N.i'
now'rlper has hcretofOt'Cl bl!cllllontinuoul(Y pulllithedln Rid CQllla
County, l'l(Jrid~: dimibulcd in Colli. and [..co llOIlnli.. ofFJllI'i....
ea.ch dav and hiu l).eII entered at ..QOlld .Iou mail malt... :\t the pOll
o1'tlce i~ Napl15, ill ".ill Collil% Coumy, f)wida, fCll' . ptriod of I
ye.v .1I:xt prceodinl t'he l'im publication oftbe .ouaebcd copy nf
_dven;!lCmctt; IIJId l\ffiant funhcr 1I.}'1 tlull he halo neither plIi.. ftor
pr<>mioed ""Y plJl'SOll. f\l'ttl 01' ct:lI"pClI'IItlllJl MY discount. Rb4ta,
commislrion or rcft.llui fQr lb. purpc1Ml of ..,wrinl ~. .oiIv.m-n.nl r....
pobliClltion ill the ?~P~
( SlgTl~ture ofilfflAllt)
Swom to and subscribed before me
This 161t, Day or April2CQ8
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(Signa re of 1')' pub c)
FEI 59.2578327
JUO'{ JANES
~ 00 fS1!S029
res MiW 16.201 \ ,,'Il1'
PAGE 05/05
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RECEIVED
APR 2 1 '008
F'INANCE
Th. Th,
NAPLES DAILY NEWS
Published Oai!\
Naples. FL :\-ll 02
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they sene as the authority, personally
appeared B. Lamb, who on oath says that they
sen'e as thc Assistant Corporate Secretary of the Naples Oaily.
a daily newspaper published at Naples. in Collier County.
Florida: distributed in Collier and Lee eounties of Florida: that
the attached copy of ihe (jd\crtisilli~' bClflg a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 2 times in the issue
On April 11 th. 16th. 2008
.\lliant further says that the said ~aples Daily News is a newspaper
Published at Saples, in eollier county, Florida and that the said
newspaper has heretofore been continuously published in Said Collier
County. Florida; distributed in Collier and Lee counties of Florida.
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication of the attaehed copy of
ad\'cltisement; and a11iant further says that he has neither paid nor
promised any person, firm or corporation any discount. rebate,
commission or refund for the purpose of securing this advertisement for
publication in the 7e,WSPA
( Signature of affiant)
Sworn to and subscribcd before me
This 16'1,. Day Of April 2008
~t (-) Cvv"\~~
(Signa re of n ~ry public)
FE! 59-2578327
,";;..~:tlJ;;.,. JUDY JANESOD 675029
l~' 'f;;' commission ..,
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 ?H
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 fOIWarded to the Board Office only IfW: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, If the document is already complete with the
exception of the Chainnan's signature, draw a line throull:h routinll: lines #1 throull:h #4, cOlIlPlete the checklist and fOIWard to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(list in routine order)
1. Judy Puig Administration )1f lllddJoy
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 prinuuy contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
sununary. Prinuuy contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Joseph Thompson Phone Number 252-5737
Contact
Agenda Date Item was April 22, 2008 Agenda Item Number 17H
Approved by the BCC
Type of Document Ordinance and Proposed Amended Activity Number of Original I Original
Attached Center #18 Map. Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
ro riate.
Original document has been signed/initialed for legal suffieiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are r uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours 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 tbe BCC on 0 (enter date) and aU cbanges
made during tbe meeting have been incorporated in tbe attached document. The
Coun Attorne's Office bas reviewed tbe chan es if a licable.
Yes
(Initial
mk
2.
3.
4.
5.
6.
N/A
mk
mk
Cd<
Cfi
I: Fonns/ county Fonnsl BCC Forms/ Original Documents Routing Slip WWS Origina19,03,04, Revised 1,26.05, Revised 2.24,05
MEMORANDUM
Date: May 6, 2008
To: Joe Thompson, Planner
Comprehensive Planning
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2008-21
Enclosed please find one copy of the original documents as
referenced above, (Agenda Item #17H) as approved by the Board of
County Commissioners on Tuesday, April 22, 200.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures
l?H 'f
MEMORANDUM
Date:
May 6, 2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-21
Attached, please find one (1) copy of the document referenced above (Agenda
Item #17H), as approved by the Board of County Commissioners on Tuesday
April 22, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
17H
MEMORANDUM
Date: April 24, 2008
To: Joe Thompson, Planner
Comprehensive Planning
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2008-21
Enclosed please find one copy of the original documents as
referenced above, (Agenda Item #17H) as approved by the Board of
County Commissioners on Tuesday, April 22, 200.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures
17H
17H
ORDINANCE NO. 08_21
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOR A
SMALL SCALE AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, ORDINANCE NO 89-05, AS
AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND
USE MAP SERIES (MAP OF ACTIVITY CENTER NUMBER 18)
OF THE FUTURE LAND USE ELEMENT, TO SHOW AN
INCREASE OF 7.318:1: ACRES, WHICH PROPERTY IS
LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan (GMP) on January 10,1989; and
WHEREAS, the Collier County Board of County Commissioners adopted the Future
Land Use Map and Map Series, on January 10, 1989 and the Future Land Use Map Series of
the GMP depicting site specific boundaries for Activity Centers, on May 9, 2000; and
WHEREAS, the request is for an amendment to the Future Land Use Element Future
Land Use Map and Map Series, which includes the Activity Center Number 18 Map, involving
less than 10 acres of land; and
WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, representing Eric
Strickland, of KRG 951 & 41 LLC, the applicant, has submitted a request to amend the
boundaries of the Activity Center Number 18 Map, as depicted on the Maps that are part of the
Future Land Use Map and Map Series of the Collier County GMP to expand the Activity Center
by 7.318:1: acres; and
WHEREAS, the amendment does not involve a change to the text of any part of the
Goals, Objectives, or Policies of the GMP; and
WHEREAS, pursuant to Subsection 163.3187( 1)( c), Florida Statutes, this amendment is
considered a Small Scale Amendment; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA, that:
SECTION ONE:
ADOPTION OF SMALL SCALE AMENDMENT TO THE FUTURE LAND
USE MAP SERIES.
This Ordinance shall be known as the CPSS-2006-1, Small Scale Amendment to the
Future Land Use Map and Map Series of the Collier County Growth Management Plan. The
boundaries of Activity Center Number 18, as depicted on the Future Land Use Map and Map
17H
Series of the Future Land Use Element, are hereby amended as depicted on Exhibit A, attached
hereto and incorporated by reference herein.
SECTION TWO:
SEVERABILITY
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
This Ordinance (Small Scale Amendment) shall not become effective until 31 days after
its adoption. If challenged within 30 days after adoption, this Ordinance shall not become
effective until the Department of Community Affairs or the Administration Commission,
respectively, issues a final order determining the adopted Small Scale Amendment is in
compliance.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this dol). nd day of ~, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
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Approved as to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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TOM HENNING,
'.
~u.u'ljJ, /kuhJ. -~
Marjorie . Student-Stirling,
Assistant County Attorney
CPSS-2006-1 Adoption Ordinance
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17H
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. 2008-21
Which was adopted by the Board of County Commissioners on
the 22nd day of April 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th day
of April 2008.
~~,' (' '! ~ )!
DWI GHT E. BRi!>CK" ',.' ./;>;'"
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Clerk of CQurl~a:nd Clerk
Ex-officicctd]-!oard of ".
County com~i~{:n"~.Sj" ~ r
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:Teresa Polaski,
Deputy Clerk